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Medibank to sue privacy commissioner over possible contempt
Privacy & Cybersecurity 2023-08-31 2:48 pm By Sam Matthews

A judge has endorsed Medibank’s bid to sue the OAIC so the court can weigh in on the health insurer’s bid to halt the regulator’s investigation in favour of a class action over its October data breach, saying the OAIC’s interference with the court proceedings could constitute a contempt of court.

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Court awards $300,000 for wrongful imprisonment by family law judge
Legal Ethics 2023-08-30 12:34 pm By Sam Matthews

A Queensland man has prevailed in his case alleging Federal Circuit and Family Court Judge Salvatore Vasta unlawfully imprisoned him for contempt after he failed to comply with an order for particulars, winning over $300,000 in damages.

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Former Greenwoods partner suffers setback in Lendlease tax dodge suit
Employment 2023-08-30 12:19 pm By Cat Fredenburgh

The Full Court has dealt a blow to a sacked Greenwoods & Herbert Smith Freehills partner seeking $13 million in compensation from his former firm and Lendlease, finding new whistleblower protections do not apply retrospectively to cover his claims.

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United Petroleum class action fights ‘stultifying’ security bid
Franchises 2023-08-29 9:41 pm By Sam Matthews

A franchisee class action against United Petroleum over the installation of allegedly loss-making Pie Face stores at its franchise sites is fighting two applications for security for costs which it says can’t be met, as funders take little interest in the case.

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PFAS class action judge OKs $132.7M settlement, $33M CFO
Class Actions 2023-08-25 10:38 pm By Cindy Cameronne

A judge has blessed a $132.7 million settlement and a $33 million common fund order in a class action over toxic firefighting foam, saying he was “not vexed” by whether he had power to grant the funder’s payout despite the Full Court having reserved on the contentious issue. 

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Energy Beverages wins fight over Kangaroo Mother trade mark
Intellectual Property 2023-08-24 11:54 pm By Christine Caulfield

The maker of Mother energy drinks has won an appeal of an IP Australia decision, succeeding in its bid to prevent a Victoria-based company from registering Kangaroo Mother as a trade mark for beverages.

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ASIC loses appeal in CBA conflicted remuneration case
Financial Services 2023-08-17 10:32 am By Cindy Cameronne

ASIC has lost its challenge to findings that a revenue sharing arrangement between the Commonwealth Bank of Australia and former subsidiary Colonial First State Investments did not breach conflicted remuneration provisions of the Corporations Act.

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Care A2 Plus seeks to block US fraud suit brought by distributor
Competition & Consumer Protection 2023-08-17 11:00 pm By Sam Matthews

After being hit by a $200 million claim in Australia, infant formula company Care A2 Plus is asking the court to block US business partner Gensco from filing a second lawsuit in its home country, which it says is intended to “harass and split the resources” of CAP and its directors.

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Care A2 Plus denies claims in $200M fight with baby formula distributor Gensco
Contracts 2023-08-15 11:22 pm By Sam Matthews

Australian infant formula company Care A2 Plus has hit back at a $200 million lawsuit by US business partner Gensco, arguing the distributor did not properly execute the agreement at the heart of the dispute as allegations of phantom companies fly.

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AMP sets aside $50M for BOLR class action as it mulls appeal
Class Actions 2023-08-10 11:56 pm By Christine Caulfield

AMP has set aside $50 million in its financial statement for the first half of 2023 to cover potential liability in a class action won last month by financial advisers over the wealth manager’s buyer of last resort policy.

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