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$2.5M break fee in Pacific Energy takeover battle not anti-competitive, panel says
Corporate 2019-11-14 4:33 pm By Cat Fredenburgh

The Takeovers Panel has found that while a $2.5 million break fee included in a $470 million takeover offer lobbed during a bidding war for Western Australia power supplier Pacific Energy was not a “common market approach”, it was not anti-competitive or coercive.

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Two firms running Toyota class action will get only one set of costs, judge says
Class Actions 2019-11-07 5:55 pm By Christine Caulfield

The two law firms leading a class action against Toyota over allegedly defective filters in the car giant’s diesel models will be able to recover the legal costs of only one firm, a judge has said.

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Expanded class definition tossed in Ethicon pelvic mesh class action
Class Actions 2019-11-01 9:42 pm By Miklos Bolza

A Federal Court judge has reversed a prior ruling expanding the class in a lawsuit against Johnson & Johnson unit Ethicon over allegedly defective pelvic mesh implants, saying he had “no confidence” new group members would have sufficient opportunity to opt out before judgment is delivered in a few weeks.

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‘Time for commercial reality to bite’: Judge orders class closure in Takata air bags class actions
Class Actions 2019-11-01 3:30 pm By Cat Fredenburgh

The judge overseeing seven class actions against some of the world’s largest car makers over defective Takata airbags has ordered that class closure take place in advance of mediation, saying it was “time…for commercial reality to bite”.

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Court may scrap expanded class definition in Ethicon pelvic mesh case as judgment looms
Class Actions 2019-10-30 10:52 pm By Miklos Bolza

An impending judgment in the long-running class action against Johnson & Johnson unit Ethicon over allegedly defective pelvic mesh implants has sent the parties scrambling about opt out notices and the Federal Court considering reversing prior orders that expanded the group definition.

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a2 Milk looks to turn trade mark losses around in Federal Court
Intellectual Property 2019-10-28 10:54 am By Cat Fredenburgh

The a2 Milk Company has filed a challenge to a competitor’s winning bid to trade mark a phrase containing “a2”, its third lawsuit in Federal Court looking to reverse losses before the Trade Marks Office. 

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After landmark Myer ruling, settlements in shareholder class actions to stay the norm
Analysis 2019-10-25 8:39 pm By Christine Caulfield

A groundbreaking class action ruling by the Federal Court on Thursday that found Myer misled shareholders and accepted the applicant’s market-based causation theory is the only judgment in an Australian securities class action since the first shareholder case was brought 20 years ago, and it might be the only one for years to come.

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Judge rules Myer misled shareholders, backs market-based causation
Class Actions 2019-10-24 2:39 pm By Christine Caulfield

A judge has ruled that department store Myer engaged in misleading or deceptive conduct and breached its continuous disclosure obligations when it failed to correct its “inflated” 2015 net profit forecasts, but said shareholders may not have suffered any loss flowing from the breaches, in a monumental decision that also found investors do not always need to prove direct reliance on misrepresentations in claiming damages in class actions.

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Toyota points finger at drivers in diesel filter class action
Class Actions 2019-10-23 3:42 pm By Miklos Bolza

Responding to a class action on behalf of over 250,000 car owners, auto giant Toyota has admitted issues with filters in three of its diesel vehicle models but says drivers who failed to respond to warning lights in their cars could not clam damages for any breaches of quality guarantees.

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Bean there, done that: Lavazza says it used ‘oro’ trade mark before Vittoria
Intellectual Property 2019-10-22 11:14 pm By Cat Fredenburgh

Italian coffee manufacturer Lavazza has hit back against an infringement case brought by Australian rival Vittoria over two Oro trade marks, saying Vittoria’s rights over the marks should be revoked and claiming four decades of prior continuous use of its own unregistered mark.

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