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High Court refuses leave to class action in GST case against developer
Class Actions 2022-04-19 6:59 pm By Cindy Cameronne

The High Court won’t hear a challenge to a decision finding a Canberra property developer that misled investors about GST on its apartments did not have to pay for losses alleged in a class action against it.

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Anatomy of a bunny: Kmart defends plush rabbit in Jellycat’s knockoff suit
Intellectual Property 2022-04-11 3:11 pm By Sam Matthews

Kmart Australia and toy manufacturer Headstart International have hit back at Jellycat in a suit claiming they are selling ‘Bashful Bunny’ knockoffs, arguing the shape and features of the popular plush rabbit are not exclusive to the London-based soft toy designer.

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Nurofen maker Reckitt-Benckiser loses High Court appeal bid in Maxigesic feud
Competition & Consumer Protection 2022-04-07 1:54 pm By Christine Caulfield

The High Court has rejected a special leave application by consumer goods giant Reckitt-Benckiser in its long-running battle with the maker of painkiller Maxigesic.

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Judge takes ‘wait and see’ approach to trial in Epic cases against Apple, Google
Competition & Consumer Protection 2022-04-05 2:49 pm By Miklos Bolza

A judge has held off selecting from a “basket of imponderables” in determining how he will hear two competition lawsuits by Epic Games against Apple and Google over the removal of the popular multiplayer game Fortnite from the tech giants’ online stores.

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WSP to target another insurer over Opal Tower class action coverage after discovering $50M policy
Insurance 2022-04-04 3:56 pm By Cat Fredenburgh

The structural engineer behind Sydney’s Opal Tower plans to drag insurer Tokio Marine into a lawsuit against two of Icon’s insurers, after discovering another $50 million policy that responds to claims in a class action brought by apartment owners.

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Full Court ruling on MIS regime may not resolve funding issues in RFG class action, court hears
Class Actions 2022-04-01 4:54 pm By Cat Fredenburgh

A case before the Full Court that will revisit the question of whether class actions are managed investment schemes may not resolve all of the funding controversies that have emerged in a class action against franchise giant Retail Food Group, a court has heard.

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Securing ACCC nod for patent settlement with rivals no easy task, first draft decision shows
Intellectual Property 2022-03-31 1:42 pm By Editor

The competition regulator has proposed to deny authorisation for a patent settlement that sought to permit early entry of generic drugs. Whether the companies involved will be able to quell the ACCC’s concerns remains to be seen, but what is clear is that future authorisation applications will contend with significant forensic challenges, writes Corrs Chambers Westgarth’s Odette Gourley, Richard Flitcroft, David Fixler and Ian Reynolds.

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Opal Tower engineer takes insurers to court over class action coverage
Insurance 2022-03-30 1:50 pm By Cat Fredenburgh

The structural engineer behind Sydney’s Opal Tower has taken builder Icon’s insurers to court, arguing they should cover its costs in a class action brought on behalf of residents of the ill-fated building and related litigation.

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New evidence allowed in $300M lawsuit over ‘defective’ Lane Cove Tunnel construction
Construction 2022-03-29 3:27 pm By Sam Matthews

The operators of Sydney’s Lane Cove Tunnel can rely on new expert evidence in their lawsuit against Thiess, John Holland and CIMIC over alleged defects in the construction of the billion-dollar tunnel, with a judge finding there is a public interest in discovering the true cause of any defects.

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Peters served with $12M penalty for exclusive dealing
Competition & Consumer Protection 2022-03-25 1:51 pm By Sam Matthews

Peters Ice Cream has been hit with a $12 million penalty after admitting to entering an anti-competitive exclusive agreement for distribution of its single serve ice creams to service stations and convenience stores across Australia.

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