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Novel argument doesn’t save Gladstone Ports class action from costs, court says
Class Actions 2021-03-22 8:59 pm By Christine Caulfield

A judge has ruled the plaintiffs in the Gladstone Ports class action cannot reserve the legal costs of an application to avoid disclosure of expert reports, despite finding they had raised a novel issue.

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Judge throws out lawsuit accusing Sydney solicitors of unconscionable conduct
Business of Law 2021-03-22 5:21 pm By Miklos Bolza

A Sydney law firm has successfully defended a NSW Supreme Court lawsuit by angry former clients who tried to overturn a $492,000 settlement and accused the firm of a breaching its fiduciary duties and unconscionable conduct.

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ACCC detergent cartel case not doomed to fail, court says in refusing Cussons indemnity costs
Competition & Consumer Protection 2021-03-22 5:18 pm By Christine Caulfield

PZ Cussons has lost its bid for indemnity costs against the ACCC, with a judge saying the consumer watchdog’s case over an alleged laundry detergent cartel was “significantly wanting” but not hopeless or doomed to fail.

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Goodman Fielder sues Arnott’s over ‘deceptively similar’ trade mark
Intellectual Property 2021-03-22 3:39 pm By Miklos Bolza

Singapore-owned food and beverage company Goodman Fielder has filed a trade mark infringement lawsuit against Arnott’s and Campbells after the two companies applied to register a trade mark that was one letter different to its own.

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In win for ACCC, Full Court says vulnerability not essential to proving unconscionable conduct
Appeals 2021-03-22 1:39 pm By Miklos Bolza

The Full Federal Court has ruled that unconscionable conduct under the Australian Consumer Law is not confined to exploitation of vulnerable parties, in an “extremely significant” judgment that will extend the reach of the unconscionable conduct provisions and protect a wider swathe of consumers.

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Peters says competitors had many ways to serve up their ice cream
Competition & Consumer Protection 2021-03-22 1:16 pm By Cat Fredenburgh

Peters Ice Cream has denied claims by the ACCC that it signed an agreement for the exclusive distribution of its single serve ice creams to service stations and convenience stores in order to ice competitors out of the market, saying competitors had many options for serving up their frozen treats to ice cream lovers.

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Judge wants lawyer’s view on funding commission before approving $50M Vocation settlement
Class Actions 2021-03-22 11:46 am By Christine Caulfield

The judge considering the $50 million settlement reached in the shareholder class action against failed training company Vocation and auditor PricewaterhouseCoopers has signalled his likely approval of the deal, but wants a senior lawyer to tell the court why the funding commission is reasonable.

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Boston Scientific hit with second class action over pelvic mesh products
Class Actions 2021-03-22 11:36 am By Cat Fredenburgh

Boston Scientific has been hit with second class action on behalf of women who were implanted with allegedly defective pelvic mesh devices, just two weeks after the Full Court tossed an appeal to a landmark ruling that put Johnson & Johnson on the hook for millions in damages for failing to adequately warn patients about the risks the products carry.

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‘Threats and coercive conduct’: Class action accuses RMS Engineering of denying staff meal breaks
Class Actions 2021-03-22 11:07 am By Miklos Bolza

Queensland-based RMS Construction and Engineering has been accused of refusing to allow staff to take meal breaks, threatening those who complained about excessive hours, and improperly altering timesheets in a new class action filed on behalf of disgruntled employees.

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Qantas dispute with exec that jumped ship to Virgin to be heard in Singapore
Employment 2021-03-19 11:09 pm By Cat Fredenburgh

A judge has ruled a legal stoush between Qantas and former executive Nick Rohrlach over his defection to competitor Virgin Australia should be heard in Singapore because it falls under an exclusive jurisdiction clause in his employment agreement.

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