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Battle of the experts continues in Queensland flood class actions
Class Actions 2018-08-08 10:26 pm By Cat Fredenburgh

In a case that hinges on the evidence of expert witnesses, the judge overseeing the class action over the 2011 Queensland floods has partly upheld an objection to a revised report by the state of Queensland’s expert regarding an error in the flood-modelling by the plaintiff’s expert witness.

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Penfolds maker goes to court over ‘wine in a can’ patents
Intellectual Property 2018-08-08 9:04 pm By Miklos Bolza

Treasury Wine Estates has gone on the offensive in an intellectual property dispute with Melbourne-based “wine in a can” maker Barokes, launching court proceedings alleging the company’s patents are invalid and claiming it made “unjustified threats” against the Penfolds maker.

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Potato wholesaler rejects ACCC’s ‘egregious’ contracts case
Competition & Consumer Protection 2018-08-08 8:03 pm By Miklos Bolza

Australia’s largest potato wholesaler Mitolo Group has hit back at allegations by the ACCC that its contracts with growers were unfair, telling a court the terms were open to negotiation and were necessary to protect the company’s intellectual property.

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Myer stayed silent after CEO’s ‘cloud cuckoo land’ forecast, court told
Trials 2018-08-08 3:03 pm By Christine Caulfield

Myer had an obligation to correct remarks by former CEO Bernie Brookes in 2014 that the department store expected increased profits the following year, because there was no reasonable basis for the statement, a court heard Wednesday at the start of trial in a shareholder class action alleging the company breached its disclosure obligations to the market.

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High Court won’t hear Prysmian appeal of $3.5M cartel fine
Competition & Consumer Protection 2018-08-08 2:46 pm By Cat Fredenburgh

The High Court has denied Prysmian Cavi E Sistemi’s bid for special leave to appeal a $3.5 million fine for allegedly engaging in cartel conduct, a victory for the ACCC in its long-running case against the cable maker.

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Eclipx may face shareholder class action
Class Actions 2018-08-08 9:42 am By Cat Fredenburgh

Eclipx group is looking at a possible shareholder class action following recent drops in its share price after it disclosed that its published profit growth forecasts need to be revised downwards.

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Full Court questions restraint against class action lawyers
Class Actions 2018-08-07 10:21 pm By Miklos Bolza

The Full Federal Court expressed doubts Tuesday about an “unusual” and “heavy handed” order restraining lawyers leading the stayed class actions against GetSwift from advising their clients about whether to opt out of the prevailing action.

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Westpac dodges ASIC bid for rogue trader chatter
Financial Services 2018-08-07 9:46 pm By Christine Caulfield

The corporate watchdog can’t get its hands on documents detailing Westpac’s disciplinary measures against rogue traders or communications between the employees ahead of a penalty hearing in a case that found the bank attempted to influence the Bank Bill Swap Rate.

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Aristocrat mulls misleading conduct case against Ainsworth
Intellectual Property 2018-08-07 9:27 pm By Miklos Bolza

Gaming giant Aristocrat Technologies is seeking further documents from rival Ainsworth Game Technology to weigh misleading conduct and passing off claims as it mounts a potential copyright and consumer law case.

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Viterra wins Cargill sale docs after mid-trial revelation
Trials 2018-08-07 9:07 pm By Cat Fredenburgh

Cargill has been ordered to turn over what it describes as “highly confidential” documents related to the possible sale of its malt business, a new revelation in the complex trial over claims Viterra fraudulently concealed crucial information when it sold malt producer Joe White Maltings to Cargill Australia in 2013 for $420 million.

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