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High Court won’t hear J&J’s appeal in pelvic mesh class action
Class Actions 2021-11-05 3:11 pm By Cat Fredenburgh

Johnson & Johnson unit Ethicon will now be on the hook for damages to 11,000 women implanted with defective pelvic mesh devices, after the High Court declined to hear its appeal of a ruling that found it failed to adequately warn about the devices’ risks.

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Epic’s evidence in clash with Apple could be first in competition case
Competition & Consumer Protection 2021-11-04 1:19 pm By Bianca Hrovat

Epic Game’s plan to lead econometric evidence in its dispute with Apple could be the first time such evidence has been led in a competition case in Australia, a judge has said, as he warned that the companies’ “unlimited resources and enthusiasm for victory” should not bog the case down.

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a2 Milk loses trade mark fight against Mead Johnson Nutrition
Intellectual Property 2021-11-02 4:44 pm By Bianca Hrovat

The a2 Milk Company is paying the price for its descriptive trade name, unsuccessfully opposing registration of a trademark for Reckitt Benckiser subsidiary’s milk-based product, AII.

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Barrister who repped execs in long-running ASIC case appointed Federal Court judge
People In The News 2021-11-01 3:47 pm By Miklos Bolza

A silk and former Clayton Utz litigation partner who represented the directors of failed telco OneTel in a nearly decade-long ASIC case that ended in a defeat for the corporate regulator has been appointed a judge on the Federal Court.

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CBA seeks leniency as judge grapples with first criminal case of its kind
Financial Services 2021-10-29 5:31 pm By Miklos Bolza

A fine imposed against the Commonwealth Bank for false and misleading representations to customers should reflect offences that were “well below the midpoint” of seriousness, counsel for the bank has told a judge overseeing the first criminal case of its kind.  

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Rate-rigging class action pleadings OK’d, more than two years after case filed
Class Actions 2021-10-28 3:56 pm By Miklos Bolza

A judge has given the green light to amended pleadings in a class action accusing major banks of entering a cartel agreement to rig foreign exchange rates, bringing a two-year fight over the pleadings closer to resolution.

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Lendlease, Acciona lock horns over $160M engineering acquisition
Contracts 2021-10-26 3:30 pm By Miklos Bolza

Infrastructure developers Lendlease and Acciona are suing each other for tens of millions of dollars over alleged losses stemming from Acciona’s $160 million acquisition of Lendlease’s engineering business, which saw it take over the Gawler rail project in South Australia.

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Tax commissioner defamed accountant Vanda Gould but has valid defence
Defamation 2021-10-25 3:51 pm By Bianca Hrovat

Embattled Sydney accountant Vanda Gould has lost his defamation case against the Commissioner of Taxation, with a court finding Chris Jordan’s defamatory comments constituted a “robust”, but proportional, counter-attack to Gould’s public disparagement of the Australian Tax Office.

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Ex-Rentokil employee denies fraudulent scheme led to $3.2M payment
Employment 2021-10-25 1:58 pm By Miklos Bolza

An ex-Rentokil supply manager has admitted that payments from the pest control company totalling $3.2 million were sent to his bank accounts but has denied this was part of a fraudulent invoicing scheme.

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Colonial First State ordered to pay $20M for misleading 13,000 MySuper members
Financial Services 2021-10-19 2:18 pm By Miklos Bolza

The Federal Court has slugged wealth management firm Colonial First State Investments with a $20 million penalty for misleading almost 13,000 superannuation members about their MySuper entitlements through a “concerted campaign” that lasted two years.

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