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High Court dashes Spain’s challenge to sovereign immunity claims in $394M dispute
Arbitration 2023-04-12 1:48 pm By Cindy Cameronne

Spain has lost its High Court appeal arguing it had sovereign immunity from an Australian court’s recognition of a $394 million arbitration award against the country for changes to its energy policies. 

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Ex-Cushman & Wakefield director says $1.3M sign-on bonus with rival at stake in employment case
Employment 2023-04-12 10:52 pm By Sam Matthews

A court has heard that a director at office leasing company Cushman & Wakefield who accepted a job with a competitor could lose a $1.3 million sign-on bonus if the case by her former employer is not promptly resolved.

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Bayer can’t dismiss Essure injuries as ‘common women’s symptoms’, class action trial told
Trials 2023-04-11 9:07 pm By Cindy Cameronne

Pharmaceutical giant Bayer cannot write off debilitating chronic pain and bleeding which patients allegedly experienced after being implanted with Essure contraceptives as “common women’s symptoms”, a court has heard in the first day of trial in a long-running class action.

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Procter & Gamble’s ’30 Minute Miracle’ claims don’t wash, lawsuit says
Competition & Consumer Protection 2023-04-11 10:59 pm By Sam Matthews

The maker of Finish dishwashing detergent has taken Procter & Gamble to court, arguing it misled consumers by claiming its Fairy 30 Minute Miracle dish detergent is more effective than the competition.

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Court’s backlog not reason enough to transfer Fair Work case, judge finds
Employment 2023-04-11 10:31 pm By Cat Fredenburgh

A judge has rejected a Federal Circuit and Family Court judge’s decision to transfer a PhD student’s Fair Work lawsuit against the University of Western Australia to the Federal Court because his court does not have the proper resources to consider it. 

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Decision looming on Lehrmann defamation cases against News Corp, Ten
Defamation 2023-04-11 11:32 pm By Christine Caulfield

Accused rapist Bruce Lehrmann will learn this week whether his defamation cases against News Corp and Network Ten can proceed despite the expiration of a 12-month limitations period.

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Mecca’s distribution agreement with lux cosmetics brand not unlawful, court finds
Contracts 2023-04-11 11:35 pm By Sam Matthews

Beauty giant Mecca has succeeded in fending off a luxury cosmetics brand’s appeal of a decision that found a term of an exclusive distribution agreement between them was not an unlawful restraint of trade.

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‘Unjustifiable threats’: TCT Group wins patent revocation, indemnity costs against Polaris
Intellectual Property 2023-04-11 11:54 am By Sam Matthews

TCT Group has won orders revoking two patents for hinges held by Polaris IP as well as indemnity costs, with a judge finding the patentee made “unjustifiable” threats of infringement against TCT over its own brand of soft-close glass hinges.

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App store class action funder can’t see evidence in Epic’s case against Apple
Competition & Consumer Protection 2023-04-06 1:25 pm By Cindy Cameronne

The litigation funder bankrolling two competition class actions against Apple and Google has lost its bid to see evidence filed in a similar case by developer Epic Games, after concerns were raised about its potential use in overseas proceedings against Apple.

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College’s enrolment practices should be ‘condemned’, Full Court says in ACCC win
Competition & Consumer Protection 2023-04-06 4:29 pm By Cindy Cameronne

The Full Federal Court has upheld a finding that online educator Captain Cook College engaged in systemic unconscionable conduct by enrolling thousands of unsuitable students, who accrued $60 million in debt but never finished their courses. 

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