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Law firm ordered to cease acting in $51M property spat with ex-client
Legal Ethics 2021-02-15 3:59 pm By Spencer Fowler Steen

A judge has ordered a Melbourne-based law firm to stop acting for property company Xriso in a case against a former client over the terms of a deposit for a $51 million Werribee development in which the firm’s managing partner is likely to be a key witness.

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Liquidators say Arrium directors should have known about ‘liquidity crisis’ sooner
Restructuring & Insolvency 2021-02-15 3:41 pm By Miklos Bolza

The directors of steel giant Arrium, which collapsed owing $4 billion in debts, should have known earlier that the company was in a “liquidity crisis” and was trading while insolvent, liquidators for the company allege.

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ACCC’s conduct in cartel case ‘troubling’, says lawyer for NQCranes
Competition & Consumer Protection 2021-02-15 2:31 pm By Christine Caulfield

Counsel for Queensland-based NQCranes has lashed out at the ACCC for seeking to amend its cartel action against the crane company, telling a court the regulator had been warned for months that the case was deficient.

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‘Blue veined or not’: Delegate says ‘Roquehort’ mark would mislead cheese buyers
Intellectual Property 2021-02-15 12:18 pm By Spencer Fowler Steen

A French geographical indication body has triumphed in its opposition to a bid to trade mark the name ‘Chateau Roquehort’ for dairy products, with a delegate finding that Australians would wrongly associate the name with blue cheeses from France.

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Beckman Coulter’s removal application to be heard with ‘Access’ trade mark appeal
Intellectual Property 2021-02-12 5:16 pm By Spencer Fowler Steen

US biotech company Gen-Probe’s bid for the removal of rival Beckman Coulter’s ‘Access’ trade marks will be heard alongside its appeal of a ruling from the Trade Marks Office denying the company’s bid to expand its ‘Open Access’ trade mark to Australia.

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Judge questions whether novel PFAS class action should go to Full Court
Class Actions 2021-02-12 3:16 pm By Spencer Fowler Steen

A judge has raised the possibility of referring a class action against the Morrison government for allegedly contaminating Indigenous land with toxic firefighting foam to the Full Federal Court due to novel questions the case raises about whether damages can be recovered for cultural loss.

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Privilege doesn’t apply to loss report for mediation in Gladstone class action
Class Actions 2021-02-12 2:44 pm By Miklos Bolza

The lead applicants in a $100 million class action against Gladstone Ports Corporation have lost their bid to shield an expert loss report from being revealed in an upcoming mediation.

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Kimberly-Clark agrees to pay $200,000 penalty in flushable wipes case
ACCC 2021-02-12 1:41 pm By Miklos Bolza

US consumer goods giant Kimberly-Clark has agreed to pay $200,000 for misleading ‘Made in Australia’ representations made on its ‘flushable’ wipes.

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High Court grants special leave in backpacker tax case
High Court 2021-02-12 12:53 pm By Cat Fredenburgh

The High Court has granted special leave to a British citizen who is locked in a dispute with the Australian Taxation Office over a 15 per cent ‘backpacker tax’ imposed on holders of Australian working holiday visas.

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Judge concerned about law firm’s legal costs in $44.5M Woolworths class action settlement
Class Actions 2021-02-12 12:24 pm By Miklos Bolza

A judge has raised questions about an estimated $13.6 million in legal costs to be sought in an upcoming approval hearing on a $44.5 million settlement reached in a shareholder class action against Woolworths.

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