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Racing NSW wins doc bid as it mulls competition case against interstate counterparts
Competition & Consumer Protection 2023-05-31 5:22 pm By Cindy Cameronne

Racing NSW has won access to documents that concern an alleged plan by its Victorian counterpart to exclude it from the thoroughbred racing industry as part of an alleged anti-competitive agreement with four other states.

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In battle of Spitfire creditors, appeals court provides clarity on R&D refunds
Appeals 2023-05-31 2:22 pm By Cindy Cameronne

A private investment fund has won its claim as a secured creditor over $2 million in research and development tax refunds that a court previously found should go to employees in a fight over funds remaining following the collapse of fintech Spitfire Corporation. 

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Docs produced in arbitration can be used in Rinehart family court battle
Energy & Natural Resources 2023-05-26 2:56 pm By Sam Matthews

A judge has allowed two of Gina Rinehart’s children to use documents produced in private arbitration for their defence in court proceedings over ownership of a valuable mining tenement.

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Greenwashing, ESG next target for class action firms, says Clayton Utz partner
Class Actions 2023-05-24 11:00 pm By Cindy Cameronne

Class action firms and funders will set their sights on claims related to environmental, social and governance investing, says Clayton Utz’s new litigation partner Matthew Spain, but whether the game is worth the candle remains to be seen.

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‘Extraordinary unhappiness’ with $300M J&J pelvic mesh settlement, court hears
Product Liability 2023-05-19 3:08 pm By Sam Matthews

A contradictor in two pelvic mesh class actions against Johnson & Johnson and unit Ethicon has told the court of the “extraordinary amount of group member unhappiness” following approval of a $300 million settlement – the largest in the history of Australian product liability group proceedings.

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Judge orders discovery of legal advice in spat over $45B Ichthys LNG project
Energy & Natural Resources 2023-05-18 11:49 pm By Sam Matthews

A judge has ordered contractor JKC Australia to hand over legal advice relating to a settlement deed it entered with Japanese oil company Inpex in 2021, as it seeks to hold Dutch paint company AkzoNobel NV responsible for its “significant” potential liability under the settlement.

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In decades-long fight over coal seam gas fields, Tri-Star loses referee bid
Energy & Natural Resources 2023-05-16 3:55 pm By Cindy Cameronne

Texas oil giant Tri-Star has lost its bid for a referral in a dispute with natural gas exporter Australia Pacific LNG over several coal seam gas fields in Queensland and $7.6 billion in share acquisitions.

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Google says competition class action claims ‘make no sense’
Class Actions 2023-05-12 9:14 pm By Sam Matthews

Google has denied class action that it distorted competition in the app marketplace and left consumers paying higher prices, pointing out in its defence there are alternative app stores on its Android platform.

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In class action defence, Apple says App Store commissions the price to pay for innovation
Competition & Consumer Protection 2023-05-05 3:16 pm By Sam Matthews

Apple has denied it engaged in anti-competitive conduct in operating its App Store in a class action brought over allegedly inflated commissions on certain apps and in-app purchases.

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Katy Perry loss shows fame no ticket to ride ‘roughshod’ over trade mark owners
Analysis 2023-05-01 12:36 pm By Christine Caulfield

An infringement ruling against US singer Katy Perry in a case brought by an Australian fashion designer is a “win for the little guy”, experts say, showing that fame doesn’t give celebrities a blank cheque to exploit their brand at the expense of someone’s else’s registered trade mark.

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