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Dominoā€™s loses bid to strike out underpayments class action
Class Actions 2021-04-13 10:35 pm By Cindy Cameronne

A judge has dismissed an application by Dominoā€™s Pizza to strike out the pleadings in a class action accusing the pizza giant of making misleading and deceptive representations to franchisees which caused drivers to be underpaid.

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Builder not on the hook for $12M in damages for Lacrosse building fire, appeals court says
Construction 2021-03-29 3:58 pm By Cindy Cameronne

An appeals court has found that building company LU Simon should not pay $12 million in damages for a 2014 fire which broke out in Melbourne’s Lacrosse tower and was accelerated by Alucobest cladding panels since the company had relied on consultantsā€™ advice in choosing the cladding material.

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ATO wins appeal over $2.3M Auctus R&D tax refund mistake
Tax 2021-03-23 9:27 pm By Miklos Bolza

The Australian Taxation Office has successfully appealed a Federal Court decision finding it could not recover an R&D tax offset refund of around $2.3 million paid to Auctus Resources despite the payment being made by mistake and the mining company admitting it was not entitled to the money.

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High Court to hear Glencore shipping fee fight with Port of Newcastle
Competition & Consumer Protection 2021-03-17 11:50 am By Cat Fredenburgh

The High Court will weigh in on a dispute between the Port of Newcastle and mining giant Glencore over access charges to shipping channels used to export coal from the Hunter Valley.

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Former QC, now judge liable to client in negligent advice case, court rules
Professional Negligence 2021-03-01 6:11 pm By Cindy Cameronne

A former QC turned Victorian Supreme Court judge has been found liable, along with a law firm acquired by Russell Kennedy, to pay $1.185 million to a former client for providing negligent advice on a land purchase contract.

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Clients and lawyers with axe to grind a major headache for law firms in 2020
Business of Law 2021-01-13 10:12 pm By Miklos Bolza

While there was no shortage of pain and challenges for law firms as the coronavirus raged across the globe last year, a number of big firms also felt the sting of litigation from disgruntled clients, partners and employees.

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Insurer pulled into pelvic mesh class action as judge pushes for 2021 trial
Class Actions 2020-12-16 4:47 pm By Miklos Bolza

A judge has approved an application to join the insurer of a former doctor into a class action seeking compensation for defective pelvic mesh implants and wants to fast-track the matter forĀ  trial next year.

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Judge allows Neurim to seek additional damages in patent suit over insomnia drug
Intellectual Property 2020-12-14 3:18 pm By Miklos Bolza

Neurim Pharmaceuticals can seek limited additional damages in a patent infringement case relating to its insomnia drug Circadin, after a judge granted a mid-trial bid to amend its pleadings against Generic Partners and Apotex.

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Last stop for ACCC as High Court refuses leave to appeal Pacific National, Aurizon deal
Competition & Consumer Protection 2020-12-08 1:34 pm By Christine Caulfield

The ACCC has reached the end of the line in its challenge to Pacific National’s $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, with the High Court dismissing the competition regulator’s application to take up the appeal.

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Pfizer can’t get discovery in anticipation of Sandoz’ Enbrel biosimilar, judge says
Intellectual Property 2020-12-03 11:00 pm By Cat Fredenburgh

A judge hearing Pfizer’s application for preliminary discovery against Sandoz over its possible launch of an Enbrel biosimilar has found that such an application must be based on a current belief that the applicant could be entitled to relief.

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