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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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Ex-Cushman & Wakefield director appeals ban on office leasing role with rival
Real Estate 2023-07-28 11:30 pm By Christine Caulfield

A former Cushman & Wakefield director is appealing a ruling released Friday that upheld a non-compete restraint in her employment contract with the real estate services giant.

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Monster Energy’s security for costs bid ‘manifestly excessive’, judge says
Intellectual Property 2023-07-28 2:40 pm By Christine Caulfield

The security sum sought by Monster Energy from an inventor suing the beverage giant for patent infringement was “manifestly excessive”, a judge has said, and was based on an estimate of costs that included the fees of three solicitors and two barristers at an interlocutory hearing.

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Facebook owner Meta fined $20M for misleading data privacy app
Competition & Consumer Protection 2023-07-26 9:48 am By Cindy Cameronne

A judge has ordered Meta to pay a $20 million penalty for misleading consumers by representing that its discontinued Onavo Protect mobile app would keep users’ personal activity data private, when in fact it was being collected for commercial use.

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Arrium lenders file High Court challenge over directors’ loan drawdowns
Restructuring & Insolvency 2023-07-25 3:58 pm By Cindy Cameronne

Commonwealth Bank and other lenders of Arrium have filed for special leave to appeal to the High Court after losing their latest bid to make two directors liable for allegedly misleading them about loan drawdown notices ahead of the steel company’s $2.8 billion collapse. 

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