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Volkswagen asks High Court to toss landmark $125M Dieselgate penalty
High Court 2021-06-10 2:56 pm By Cat Fredenburgh

Volkswagen has asked the High Court to throw out a a landmark $125 million penalty over its emissions cheating scandal, the highest ever handed down in Australia for consumer law violations.

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Full Court warned sending Epic Games lawsuit against Apple to California would have ‘chilling effect’
Competition & Consumer Protection 2021-06-09 4:41 pm By Miklos Bolza

Video game developer Epic Games has asked the Full Federal Court to overturn an “illogical” decision sending its competition lawsuit against Apple to California, saying the move would have a “chilling effect” on the enforcement of Australia’s competition laws.

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Judge shuts down derivative suit against CBL over $3M share acquisition
Securities 2021-06-07 11:03 pm By Miklos Bolza

A shareholder’s attempt to reverse a $3.15 million share acquisition by the managing director of construction giant Consolidated Builders Ltd has been dismissed by a judge, despite finding the case had “a reasonable probability of success”.

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Phoenix Institute files lawsuit accusing directors of duty breaches
Education 2021-06-03 12:43 pm By Cindy Cameronne

Failed vocational education provider Phoenix Institute has taken three of its former directors to court claiming they breached the Corporations Act in the lead-up to its collapse and should compensate the company.

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Damages claimed in Takata airbags class action against VW ‘quite absurd’, court told
Automotive 2021-05-18 8:25 pm By Miklos Bolza

A class action trial against Volkswagen over recalled Takata airbags has kicked off, with a lawyer for the car giant denying the airbags carried a safety risk and attacking as “quite absurd” the sought-after damages of 30 percent of the initial price tag of affected cars.

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Consumer law claims dropped in Bayer contraceptive class action
Class Actions 2021-05-14 10:33 pm By Cindy Cameronne

The lead applicant in a class action against Bayer over its allegedly defective Essure contraceptive devices has won court approval to drop her consumer law claims against the German drug maker, with a judge agreeing that the plaintiff’s defect and negligence claims had a better chance of succeeding.

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OTC trader wins more time to respond to ASIC’s 2,000-page pleading
ASIC 2021-05-13 3:32 pm By Miklos Bolza

A judge has granted OTC trader EuropeFX more time to file its defence to an 80-page statement of claim and over 2,000 pages of particulars filed by ASIC in its case accusing the company of knowingly exposing its Chinese customers to criminal charges.

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Google wants say on whether Epic battle with Apple should be heard in Australia
Appeals 2021-05-12 3:43 pm By Cat Fredenburgh

Internet search giant Google wants to weigh in on an appeal over whether Epic Games’ lawsuit accusing Apple of abusing its dominance in the app store marketplace should be heard in Australia, as the ACCC wins its bid to intervene in the case.

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HWL Ebsworth forced to hand over client file notes to ANZ whistleblower
Business of Law 2021-05-10 4:48 pm By Miklos Bolza

HWL Ebsworth has been ordered to hand over file notes to a former client and whistleblower suing ANZ for unfair dismissal, with a judge rejecting the law firm’s argument that the notes were created solely for the benefit of the junior solicitor taking them.

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Pharmacor takes aim at Novartis patents for MS drug Gilenya
Intellectual Property 2021-05-05 11:31 am By Cat Fredenburgh

Generic drug company Pharmacor has fired back in a patent lawsuit by Novartis, filing a cross-claim seeking to invalidate the Swiss drug giant’s patents for its blockbuster MS drug Gilenya.

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