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Judge proposes joint sitting as talks to deal with competing Monsanto class actions break down
Personal injury 2020-02-20 5:38 pm By Miklos Bolza

The judges overseeing two competing class actions against Monsanto in the Federal and Victorian Supreme Courts may hold a joint sitting as the multiplicity fight continues and the chemical giant flags a future bid to either transfer or permanently stay the state court proceeding.

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Aussie designer did not object to Katy Perry’s use of her trade mark, court told
Intellectual Property 2020-02-20 4:50 pm By Miklos Bolza

Popstar Katy Perry has rejected claims of trade mark infringment by Sydney-based fashion designer Katie Perry, saying the designer “encouraged or acquiesced to” the singer’s use of her name on branded clothing sold in Australia.

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Six-year delay in judge’s ruling ‘deplorable’, Full Court says in Boral sex harassment case
Employment 2020-02-20 4:44 pm By Christine Caulfield

Wood products giant Boral Timber has been found vicariously liable for a male worker’s sexual harrassment of a female colleague, with an appeals court overturning a ruling that it said took a judge more than six years to deliver and “regrettably” brought the administration of justice into disrepute.

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Courts criticised for losing sight of justice in Takata airbag class closure challenge
Class Actions 2020-02-19 8:38 pm By Miklos Bolza

The lead applicants in seven class actions against auto manufacturers over explosive Takata airbags have criticised the courts for losing their way in ensuring justice is done, in a landmark challenge to class closure orders made in the cases.

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Great Southern investor’s fight over enforceability of Bendigo Bank loan revived on appeal
Class Actions 2020-02-19 3:26 pm By Christine Caulfield

Two investors in failed Great Southern Group managed investment schemes have lost their latest appeal over a controversial class action settlement deed that allowed Bendigo and Adelaide Bank to enforce loans issued to fund their investments. But a third borrower, who denied he was a member of the class action, has been given the greenlight to defend the bank’s recovery proceedings.

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No duty of care owed to Centrelink recipients, gov’t says in Robodebt class action defence
Class Actions 2020-02-18 9:02 pm By Miklos Bolza

Defending against a $300 million class action brought by Centrelink recipients over its Robodebt scheme, the Federal Government has told a court it did not owe a duty of care to people receiving benefits.

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Judge should be commended for ‘judicial economy’, Pacific National tells court in ACCC appeal
Competition & Consumer Protection 2020-02-18 2:37 pm By Christine Caulfield

Pacific National has defended a decision by a judge to accept an undertaking and rule against the ACCC in its competition case over the rail operator’s acquisition of a major freight terminal in Queensland, saying the ruling was structured with “commendable judicial economy”.

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NAB’s ‘grossly deficient’ systems prompted ASIC’s second fees-for-no-service case, court hears
Financial Services 2020-02-18 2:10 pm By Miklos Bolza

National Australia Bank’s “grossly deficient” systems and failure to swiftly bring its processes into compliance prompted ASIC to launch its second fees-for-no-service case against the bank, the Federal Court has heard.

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Liquidators want $6M from directors of failed Gold Coast asset manager
Restructuring & Insolvency 2020-02-17 9:49 pm By Cat Fredenburgh

Two former directors of defunct Gold Coast asset manager Avestra are facing a lawsuit from the company’s liquidators seeking to recover $6 million in alleged losses by three of the company’s managed investment schemes.

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Search warrant authorising AFP raid on ABC valid, court rules
Media 2020-02-17 8:52 pm By Miklos Bolza

The Australian Broadcasting Corporation has lost its challenge to an Australian Federal Police search warrant authorising a raid on the broadcaster’s Sydney headquarters last year.

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