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No docs, no Tim Cook: Epic Games assails Apple’s ‘contrived’ defence in trial’s closing arguments
Trials 2024-06-24 11:11 pm By Sam Matthews

Video game maker Epic Games has attacked as “entirely contrived” the defence by Apple in closing submissions in a Federal Court trial of its landmark competition case, pointing to the tech giant’s lack of evidence, including from CEO Tim Cook.

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Callide power station administrators to blame for delays to DOCA, judge says
Energy & Natural Resources 2024-06-18 4:06 pm By Cindy Cameronne

A judge has rejected claims that an investor in the Callide power station, which suffered a major failure in 2021, was responsible for delays in the administration of the station’s operator IG Power, saying the administrators’ ten month delay in investigating the incident was to blame.

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Mattress company Sleeping Duck prevails in shareholder’s oppression lawsuit
Retail 2024-06-17 3:22 pm By Christine Caulfield

Sleeping Duck has defeated a minority shareholder’s case accusing it of engaging in oppression, with a judge rejecting claims the mattress company’s two founders diluted the shareholder’s interest and rejected commercially unreasonable offers to sell.

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Callide explosion report commissioned by Norton Rose not privileged, court says
Energy & Natural Resources 2024-06-13 11:40 pm By Cindy Cameronne

A report into an explosion at a major Queensland power station that left nearly half a million people without power is not protected by legal professional privilege, with a judge finding public statements about the report show it was not commissioned for the dominant purpose of providing legal advice.

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Ex-CBA unit Count Financial settles with lead applicant in fees-for-no-service class action
Class Actions 2024-06-11 11:52 pm By Cindy Cameronne

The lead applicant in a class action against former Commonwealth Bank of Australia subsidiary Count Financial has settled individual claims in the case, which alleges the financial advisory firm charged fees for no service.

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Legal Aid lawyer loses appeal in pregnancy discrimination case
Discrimination 2024-05-31 2:54 pm By Sam Matthews

A solicitor has lost her bid to appeal a decision which found Legal Aid NSW did not discriminate against her by declining to offer her a new temporary employment contract while she was on pregnancy-related leave.

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Jaguar class action judge did not ‘become a witness’ in siding with G+T, says Full Court
Class Actions 2024-05-27 11:52 pm By Cindy Cameronne

While it was unfair for a judge to pick Gilbert + Tobin to run a class action against Jaguar Land Rover on the condition that it lower its funding rate, the judge was entitled to consider the law firm’s experience in a similar case against Toyota, an appeals court has said in its reasons. 

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Toyota class action loses bid for emissions cheat source code
Class Actions 2024-05-24 10:59 pm By Cindy Cameronne

A class action against Toyota alleging it installed diesel defeat devices in several models of its vehicles has lost a bid to access source code for the cars’ emissions control systems, with a judge finding it was not relevant to any current fact in issue. 

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Brickworks forced to close doors in WA after ‘predatory pricing’ by rival BGC, court told
Competition & Consumer Protection 2024-05-24 10:56 pm By Cindy Cameronne

Australia’s largest brick manufacturer Brickworks has accused a rival founded by billionaire Len Buckeridge of substantially lessening competition in Western Australia through a 2021 acquisition and engaging in predatory pricing that caused it to shut its doors in the state.

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Decision awarding Jaguar class action to Gilbert + Tobin shot down on appeal
Appeals 2024-05-17 11:09 pm By Cindy Cameronne

A decision awarding carriage to Gilbert + Tobin in a class action against Jaguar Land Rover on the condition that it lower its funding rate lacked procedural fairness, the Full Court has found, prompting the firm to team up with its competitor to run the case. 

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