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Judge allows discovery for possible bushfire class action against Essential Energy
Class Actions 2020-02-14 10:50 pm By Cat Fredenburgh

A law firm has won its case seeking preliminary discovery from Essential Energy to pursue a possible class action against the state-owned electricity infrastructure company over the 2018 Tathra bushfire in NSW.

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Taco Bell to open in Victoria after settling Taco Bill lawsuit
Intellectual Property 2020-02-13 9:39 pm By Cat Fredenburgh

A Mexican restaurant franchise has settled a dispute with Taco Bell that will allow the fast food giant to move ahead with plans to set up shop in Victoria.

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In loss for Herbert Smith Freehills, court says self-represented law firms can’t recover costs
Business of Law 2020-02-13 4:29 pm By Cat Fredenburgh

Herbert Smith Freehills cannot recover its costs for successfully representing itself in litigation with United Petroleum over the company’s aborted initial public offering, with an appeals court finding the High Court’s recent ruling eliminating the so-called Chorley exception for self-represented lawyers applies to law firms as well.

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Law firms behind Monsanto competing class actions can’t seem to get along
Class Actions 2020-02-13 2:47 pm By Miklos Bolza

The law firms running two competing product liability class actions against chemical giant Monsanto over its allegedly cancer-causing weed killer have been unable to reach agreement on how they will jointly manage the cases, a court has heard.

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Fairfax slammed for ‘very unhelpful’ defence in Elaine Stead defamation case
Defamation 2020-02-13 12:43 pm By Miklos Bolza

Nine-owned Fairfax Media has been sent back to the drawing board to redo what a judge called a “very unhelpful” defence to a defamation lawsuit brought by venture capitalist Elaine Stead over articles that appeared in the Australian Financial Review about her role in the collapse of fund manager Blue Sky Alternative Investments.

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Judge clears $15B Vodafone, TPG deal in latest merger challenge loss for ACCC
Competition & Consumer Protection 2020-02-13 11:21 am By Christine Caulfield

Vodafone has won its case against the ACCC over its proposed merger with rival telecommunications company TPG, with a judge ruling the tie-up would not substantially lessen competition and had a real chance of becoming a “competitive force” against the two dominant players in the market, Telstra and Optus.

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Rural Funds wins unprecedented case against activist short seller Bonitas
Securities 2020-02-12 10:55 pm By Cat Fredenburgh

Australian agricultural fund manager Rural Funds Group has won its legal action alleging US short seller Bonitas Research engaged in misleading and deceptive conduct when it described the group’s equity as “ultimately worthless” and sent its share price plummeting.

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ACCC officer denies anything ‘sinister’ in examination of ANZ cartel witness
Competition & Consumer Protection 2020-02-12 9:17 pm By Miklos Bolza

During another day of cross-examination in a criminal cartel case against ANZ and two investment banks, a key ACCC officer was accused of lying about his interrogation of a key cartel witness, with the officer insisting there was nothing “sinister” in his examination.

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McDonald’s franchisee says law doesn’t entitle staff to use the toilet whenever they want
Employment 2020-02-12 3:35 pm By Christine Caulfield

A McDonald’s franchisee has hit back at claims it threatened staff with cruel and inhumane working conditions by telling employees they could not go to the toilet during their shift outside a 10-minute paid break, saying the law doesn’t give workers the right to go to the bathroom whenever they want to.

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Funder to continue backing Westpac insurance class action, for now
Class Actions 2020-02-12 11:43 am By Miklos Bolza

The funder behind a class action against Westpac over allegedly excessive insurance premiums has confirmed that it will continue backing the case despite earlier concerns it may pull out in the wake of the High Court’s landmark ruling on common fund orders.

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