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Ex-Cushman & Wakefield director appeals ban on office leasing role with rival
Article 2023-07-28 11:30 pm By Christine Caulfield

A former Cushman & Wakefield director is appealing a ruling released Friday that upheld a non-compete restraint in her employment contract with the real estate services giant.

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Cosmetic Institute surgeons can’t declass breast implant action
Anthony McInerney 2023-07-28 4:28 pm By Christine Caulfield

A judge has tossed out an application by a group of surgeons who formerly worked for The Cosmetic Institute to declass a representative proceeding on behalf of 13,500 patients who claim they suffered injury or complications from breast augmentation surgery.

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Monster Energy’s security for costs bid ‘manifestly excessive’, judge says
Food and Beverage 2023-07-28 2:40 pm By Christine Caulfield

The security sum sought by Monster Energy from an inventor suing the beverage giant for patent infringement was “manifestly excessive”, a judge has said, and was based on an estimate of costs that included the fees of three solicitors and two barristers at an interlocutory hearing.

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Viterra goes to High Court in epic fight with Cargill over Joe White sale
Agriculture 2023-07-27 11:27 pm By Christine Caulfield

Glencore-owned Viterra has taken its 10-year fight with Cargill to the High Court after an appeals court upheld a judgment putting it on the hook for almost $300 million in damages for misleading representations in the sale of malt producer Joe White in 2013.

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Arrium class action’s potential loss of contingency fee irrelevant to transfer fight, KPMG says
Accounting 2023-07-27 5:06 pm By Christine Caulfield

The possibility that a NSW judge will revoke a contingency fee order made in a class action over Arrium’s collapse is irrelevant to whether the proceedings should be transferred from Victoria to the appropriate forum, Arrium’s auditor KPMG has told a court.

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Judge won’t recuse himself from influencer case over ‘neighbourhood dispute’ remark
Christopher Parkin 2023-07-26 11:03 pm By Christine Caulfield

A Federal Court judge has dismissed an application for his recusal on apprehended bias grounds for comments made about the significance of a defamation case against a Sydney seafood restaurant by social media influencers accused of skipping out on the bill for their lobster meal.

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Peloton resolves trade mark case against Mad Dogg on eve of trial
Ashurst 2023-07-26 4:26 pm By Christine Caulfield

Just days before trial, exercise bike giant Peloton Interactive has dropped its lawsuit against California fitness company Mad Dogg Athletics that sought removal of Mad Dogg’s ‘spinning’ trade mark.

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Public rebuke of departing judge from the bench was below the belt, expert says
Analysis 2023-07-25 10:15 pm By Christine Caulfield

A judge’s public criticism of a colleague for resigning her post before delivering a judgment reserved for three years was harsh, not fair. But the evident frustration that led to the rebuke reinforces the need for a judicial commission as an appropriate avenue to give vent to complaints, experts say.

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Oil spill class action firm wins settlement hearing fees, including bill for tax advice
Allens 2023-07-25 5:38 pm By Christine Caulfield

Despite a judge’s complaint that class action costs are generally “out of control”, the law firm that secured a $192.5 million settlement and earned about $25 million in fees in the Montara oil spill case has won approval for more fees — these ones incurred in a hearing to determine how the settlement spoils should be divided.

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Vanguard Investments accused of greenwashing in ASIC court action
Article 2023-07-25 2:09 pm By Christine Caulfield

ASIC has brought enforcement action against Vanguard Investments Australia, accusing the investment firm of misleading claims that its ethically conscious hedge fund screened securities for their environmental, social and good governance bona fides.

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