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‘Suboptimal’: Judge takes Monsanto to task for its approach in Roundup class action
Class Actions 2024-08-09 11:32 pm By Sam Matthews

Deciding an “unusually difficult” costs application, a judge has declined to award Monsanto all of its costs for defending a class action alleging its Roundup weed killer is carcinogenic, saying the agrochemical giant should have pushed harder for a split trial. 

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HWL Ebsworth must produce correspondence over Brittany Higgins’ claims
Defamation 2024-08-09 11:03 pm By Cindy Cameronne

Linda Reynolds has won her bid to subpoena HWL Ebsworth for correspondence with the Commonwealth prior to its $2.4 million settlement Brittany Higgins, as the senator contests Higgins’ characterisation of her decision to refer the settlement to the corruption watchdog as harassment.

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Linda Reynolds admits she gave ‘incorrect evidence’ at Lehrmann’s criminal trial
Defamation 2024-08-09 2:01 pm By Cindy Cameronne

Senator Linda Reynolds has admitted she gave incorrect evidence at Bruce Lehrmann’s criminal trial concerning the day he allegedly raped Brittany Higgins, saying it was her “best recollection” at the time. 

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Split High Court says proportionate liability claims apply in arbitration
Construction 2024-08-09 11:31 pm By Christine Caulfield

The High Court has issued a ruling that significantly alters the playing field in domestic commercial arbitration, finding that proportionate liability defences can apply despite limitations on claimants joining third parties to disputes.

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ATO asks High Court to reverse PepsiCo’s win on royalty withholding tax
Intellectual Property 2024-08-09 11:41 pm By Sam Matthews

The tax office has asked the High Court to overturn a decision which found that payments made by Asahi Breweries-owned Schweppes to PepsiCo under agreements to sell brands such as Pepsi and Mountain Dew in Australia were not subject to a royalty withholding tax. 

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Queensland loses bid to transfer class actions over removal of Indigenous children
Discrimination 2024-08-09 11:44 pm By Cat Fredenburgh

A judge has rejected Queensland’s bid to transfer two class actions over the removal of Indigenous children to its home turf from Victoria, saying removal was unnecessary in light of the court’s use of livestreaming technology and willingness to hold hearings in Brisbane.

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Telstra fights silk’s claims over email bounce-back
Competition & Consumer Protection 2024-08-09 11:49 pm By Sam Matthews

Telstra has hit back at a senior barrister’s suit alleging it flags his emails to Bigpond addresses as spam and fails to send them, saying the problem has already been fixed. 

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Top cancer institute wins patent for patient-specific vaccine
Intellectual Property 2024-08-09 10:20 pm By Andy Sidler

US-based Dana-Farber Cancer Institute has succeeded in patenting a patient-specific method for developing cancer vaccines using genome sequencing.

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Class closure split to be resolved by High Court
Class Actions 2024-08-08 11:38 pm By Christine Caulfield

The High Court has agreed to step in to resolve division among Australia’s courts on the question of power to make orders that exclude unregistered group members from class action settlements.

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High Court to hear competition cop’s appeal in CFMEU boycott case
Competition & Consumer Protection 2024-08-08 11:51 pm By Christine Caulfield

The High Court has taken up the ACCC’s boycott case against builder J Hutchinson and the controversial construction union, an appeal that gives the court the chance to clarify the standard for proving an anti-competitive arrangement.

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