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Forex broker representative loses challenge to ASIC expert opinion
Competition & Consumer Protection 2023-04-14 4:35 pm By Cindy Cameronne

The authorised representative of forex broker Union Standard can’t exclude parts of an opinion by an ASIC-appointed expert in a case alleging it traded in margin products with Chinese clients despite knowing it was illegal under Chinese law.

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Essure contraceptive ‘safe and efficacious’, Bayer tells class action trial
Trials 2023-04-12 9:20 pm By Cindy Cameronne

Bayer told a jury that clinical trials from the 1990’s to 2014 showed its Essure birth control device was “safe and efficacious”, as the pharmaceutical giant faces trial in a class action by patients who claim they suffered debilitating injuries from the device.

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Bayer can’t dismiss Essure injuries as ‘common women’s symptoms’, class action trial told
Trials 2023-04-11 9:07 pm By Cindy Cameronne

Pharmaceutical giant Bayer cannot write off debilitating chronic pain and bleeding which patients allegedly experienced after being implanted with Essure contraceptives as “common women’s symptoms”, a court has heard in the first day of trial in a long-running class action.

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App store class action funder can’t see evidence in Epic’s case against Apple
Competition & Consumer Protection 2023-04-06 1:25 pm By Cindy Cameronne

The litigation funder bankrolling two competition class actions against Apple and Google has lost its bid to see evidence filed in a similar case by developer Epic Games, after concerns were raised about its potential use in overseas proceedings against Apple.

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Law firm gets interim $22.6M from J&J settlement, promises to return any excess
Class Actions 2023-04-06 3:15 pm By Christine Caulfield

Shine Lawyers can deduct 50 per cent of its fees and all of its costs from a $300 million settlement in pelvic mesh class actions against Johnson & Johnson while a judge mulls whether the law firm’s total bill is fair and reasonable.

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Philips class action discontinuance shines light on ‘gap in access to justice’, judge says
Class Actions 2023-04-03 3:46 pm By Cindy Cameronne

A bid to drop a class action against Philips Electronics over recalled sleep apnea machines showed a gap in access to justice that was “very hard to fill” given the high cost of bringing large scale litigation, a judge has said.

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Hancock Prospecting must hand over docs to Rinehart children
Energy & Natural Resources 2023-03-28 2:25 pm By Cindy Cameronne

Gina Rinehart’s Hancock Prospecting has lost its bid to avoid producing documents to Bianca Rinehart and John Hancock after a judge rejected arguments the Rinehart children were abusing the court’s processes in a long-running dispute over ownership of a valuable mining tenement.

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Toyota can’t overturn defect ruling, but wins cut to damages in diesel filter class action
Class Actions 2023-03-27 5:03 pm By Christine Caulfield

An appeals court has partially sided with Toyota in a challenge to the damages bill assessed by a judge in a class action over defective diesel filters, saying the reduction in value of affected cars should be assessed at 10 per cent, not 17.5 per cent, of the price paid by motorists.

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Developers added to Apple, Google class actions despite conflict concerns
Class Actions 2023-03-23 4:38 pm By Cindy Cameronne

App developers can be added as group members in class actions against Apple and Google alleging they engaged in anti-competitive conduct in operating their app stores, despite Apple’s concerns that the law firm running the case will owe conflicting duties. 

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Chocolatier Koko Black takes rival to court for TM infringement
Intellectual Property 2023-03-23 9:12 pm By Christine Caulfield

Artisanal chocolate brand Koko Black has brought legal action against rival chocolate maker Kokopod and its owner, alleging they are infringing on Koko Black’s trade marks.

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