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Cosmetic surgeon can fix ‘tainted’ pleadings in ABC copyright case
Intellectual Property 2019-06-18 8:46 pm By Miklos Bolza

A Sydney-based plastic surgeon has been given another chance to fix “fundamental problems” in its copyright case against the ABC or using pictures of him in an article about a woman whose breast reportedly exploded after receiving breast augmentation surgery from him.

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PTTEP loses bid to stop farmers using the word ‘oil’ in Montarra oil spill class action trial
Class Actions 2019-06-18 8:37 pm By Amelia Birnie

A judge overseeing a trial in a class action over the Montarra oil spill has ruled it necessary for Indonesian seaweed farmers to use the word “oil” in their evidence, after oil company PTTEP tried to argue they were not qualified to identify the substance.

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Second combustible cladding class action targets panel supplier Fairview
Product Liability 2019-06-18 1:42 pm By Amelia Birnie

A second combustible cladding class action has been launched, this time against Fairview Architectural, the Australian manufacturer of Vitrabond polyethylene cladding, which it claims has been used at major Australian airports, entertainment facilities and government buildings.

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Judge has ‘real misgivings’ about security for costs bid in casual worker class actions
Class Actions 2019-06-17 10:08 pm By Miklos Bolza

A judge has baulked at an application by labour hire company Chandler Macleod and BHP unit Mt Arthur Coal seeking security for their legal costs in two casual worker class actions, saying Fair Work cases were not the same as shareholder class actions.

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Kraft can stay in peanut butter game while it appeals trade dress loss to Bega
Appeals 2019-06-17 9:56 pm By Cat Fredenburgh

The judge overseeing a dispute between Kraft and Bega over peanut butter trade dress rights has stayed orders barring Kraft from selling peanut butter in Australia featuring the disputed trade dress while it appeals its loss to Bega in the case.

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J&J hip implant class members to be paid in full from $250M settlement
Product Liability 2019-06-17 8:13 pm By Miklos Bolza

Group members in a class action against Johnson & Johnson unit DePuy International over allegedly defective hip implants are on track to receive 100 per cent of their claims as the $250 million settlement continues to be distributed, a court has heard.

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Judge has ‘no sympathy’ for ACCC’s attempt to block Ultra Tune appeal
Competition & Consumer Protection 2019-06-17 4:15 pm By Amelia Birnie

Ultra Tune has been given the go-ahead to challenge a $2.6 million penalty for alleged breaches of franchising and consumer laws, after a judge said she had “no sympathy” for the consumer regulator’s opposition to the car repair franchisor’s bid for more time to lodge an appeal.

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HWL Ebsworth partners on trial for alleged negligence over Sydney land tender
Real Estate 2019-06-14 11:18 pm By Miklos Bolza

HWL Ebsworth’s partners are facing trial in a case blaming the law firm and the NSW government for losses stemming from the $28.5 million sale of Crown-owned Sydney land to property developer PPK Group.

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Judge takes ax to $5.7M bill by liquidators of SK Foods units
Restructuring & Insolvency 2019-06-14 9:59 pm By Miklos Bolza

A court has taken an ax to the final bill by liquidators of three failed subsidiaries of multi-national agribusiness SK Foods Group, lopping off 30 per cent after a successful intervention by the corporate regulator, which called the more than $5.7 million claimed by the liquidators excessive.

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AIG loses appeal over insolvency exclusion in Kaboko Mining D&O policy
Insurance 2019-06-14 9:13 pm By Cat Fredenburgh

AIG Australia has failed to convince the Full Federal Court that an insolvency exclusion in a directors and officers policy held by Kaboko Mining should exempt it from covering claims brought by the collapsed mining company against four former executives after a failure to repay a US$5.95 million loan allegedly led to the company’s insolvency.

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