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Court rules international passengers can join Scenic Tours class action
Acting Justice Ronald Sackville 2020-03-09 10:41 am By Cat Fredenburgh Melbourne

International passengers from five countries have been given the go-ahead to join a class action alleging travel agency Scenic Tours owes damages to European cruise passengers forced to take buses when heavy rain flooded waterways to include.

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Union defeats Aldi’s misleading conduct case over driver safety flyers
Employment 2020-03-06 2:23 pm By Cat Fredenburgh Melbourne

A judge has found that a series of flyers, media statements and protests from the Transport Workers’ Union raising concerns about truck driver safety were likely to mislead, but dismissed the German grocery store’s lawsuit after finding the statements were not made in trade or commerce.

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Clayton Utz sends staff home amid coronavirus concerns
Business of Law 2020-03-05 5:20 pm By Cat Fredenburgh Melbourne

Law firm Clayton Utz has sent staff at its Sydney office home amid concerns that one of its employees may have been exposed to the coronavirus.

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‘Disappointed’ ACCC won’t challenge ruling on $15B Vodafone, TPG merger
ACCC 2020-03-05 9:37 am By Cat Fredenburgh Melbourne

The Australian Competition and Consumer Commission says it has no grounds to challenge a ruling that found the $15 billion merger of Vodafone with telecommunications rival TPG would not substantially lessen competition.

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Vagisil maker files appeal to halt European rival’s trade mark
Appeals 2020-03-04 9:24 pm By Cat Fredenburgh Melbourne

The maker of Vagisil feminine hygiene products has appealed a ruling that denied its bid to stop a European competitor from registering Vagisan as a trade mark in Australia.

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Judge says cost agreement void, but approves $2M payday for Maddens in bushfire class action
Business of Law 2020-03-03 11:39 pm By Cat Fredenburgh Melbourne

A judge has signed off on a $2 million payout for Maddens Lawyers in a class action against electricity provider Powercor over a 2018 St Patrick’s Day bushfire in Victoria that settled last year for $17.5 million, despite finding that the law firm’s cost agreement with group members was void.

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‘An inexact science’: Geowash execs can’t void Thomson Geer costs agreement
ACCC 2020-03-03 4:48 pm By Cat Fredenburgh Melbourne

Two executives of car wash franchisor Geowash that were found to be knowingly involved in the company’s unconscionable conduct in its dealings with franchisees have lost their bid to void a costs agreement with law firm Thomson Geer, with a judge calling legal cost estimations “an inexact science”.

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Clive Palmer’s company takes another shot at shutting down class action
Alexander Law 2020-03-03 12:07 pm By Cat Fredenburgh Melbourne

A company owned by Clive Palmer is appealing a ruling that denied its bid to temporarily block funding for a class action over the troubled Coolum Palmer Resort.

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Zango hits back at Domain lawsuit, says ads were ‘puffery’
ACCC 2020-03-02 4:59 pm By Cat Fredenburgh Melbourne

Property listing startup Zango has denied claims by listing giant Domain that its ads misleadingly represented that it will have listings before any of its rivals, saying the ads amounted to “puffery” but admitting that it self-reported the matter to the ACCC.

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Otsuka, Bristol-Myers can withdraw admissions in Abilify damages case
Allens 2020-03-02 4:05 pm By Cat Fredenburgh Melbourne

A judge has granted a request by Otsuka and Bristol-Myers Squibbs to withdraw admissions in proceedings brought by Generic Health seeking damages, after the generic drug maker was temporarily blocked from selling a generic version of antipsychotic Abilify in a patent dispute in which it ultimately triumphed.

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