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‘Capricious’ conduct by Morrison government dooms Beetaloo gas contract
Energy & Natural Resources 2021-12-23 5:42 pm By Miklos Bolza

A judge has voided contracts between the Morrison government and a subsidiary of Empire Energy for gas exploration in the Beetaloo Basin after finding the decision to enter the agreement in the midst of litigation was “legally unreasonable or capricious”.

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Hopping mad Brick Lane Brewing accuses Better Beer of ripping off brand
Intellectual Property 2021-12-23 6:28 pm By Miklos Bolza

Melbourne craft beer producer Brick Lane Brewing Co has filed proceedings accusing three companies behind the zero carb Better Beer of ripping off its packaging in breach of the Australian Consumer Law.

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Judge shoots down ‘audacious’ McMillan Shakespeare claim for surplus class action funds
Class Actions 2021-12-22 5:17 pm By Miklos Bolza

A judge has rejected an “audacious” attempt by McMillan Shakespeare to recoup a surplus of funds left over after a $9.5 million class action settlement was distributed to registered group members.

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Barrister who sexually harassed clerk has suffered enough, appeals court says
Business of Law 2021-12-22 2:39 pm By Bianca Hrovat

The New South Wales Bar Association has lost an appeal seeking a financial penalty and a professional reprimand against a Sydney barrister for his “poorly judged, vulgar and inappropriate” behaviour, with an appeals court finding damage to his reputation and a hike in his insurance premium dwarfed any punishment it could dole out.

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Mayfair slapped with $30M fine after judge finds ASIC penalty ‘insufficient’
Financial Services 2021-12-22 10:10 am By Miklos Bolza

Beleaguered investment group Mayfair 101 will have to pay a $30 million penalty after a judge found a $12 million penalty proposed by ASIC was “insufficient”.

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In class action appeal, Ford says it’s not on hook for damages for fixed cars
Appeals 2021-12-22 3:44 pm By Miklos Bolza

Ford has challenged its loss in a class action over its allegedly defective PowerShift transmissions, arguing group members who have had their cars repaired are not entitled to damages.

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Insurer Vero may be dragged into combustible cladding class action
Class Actions 2021-12-22 2:40 pm By Cat Fredenburgh

The applicant in a class action against Fairview Architectural over allegedly combustible cladding is add insurer Vero Insurance as a respondent, after revealing the cladding manufacturer may have $190 million in insurance to cover the class action’s claims.

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Biogen wins discovery for potential IP lawsuit against Sandoz
Intellectual Property 2021-12-22 8:47 pm By Bianca Hrovat

Swiss pharmaceutical company Biogen has won discovery of documents sent from Sandoz to the Therapeutic Goods Administration, as it weighs a third patent infringement lawsuit to protect its multiple sclerosis drug against generic reproductions.

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MySuper class action back on track with appeals court victory
Class Actions 2021-12-21 4:22 pm By Miklos Bolza

The lead applicant in a superannuation class action against two IOOF units has successfully appealed a decision that barred the case from proceeding under a carveout in Victoria’s Supreme Court Act forbidding class actions involving trust property.

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No obligation to disclose climate change risks, gov’t says in sovereign bonds class action
Climate change 2021-12-21 4:17 pm By Miklos Bolza

The Morrison government has denied that it has any obligation to disclose climate change risks to investors of its sovereign bonds as it defends a world first class action alleging global warming is a material risk to the bond market.

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