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Bayer needs ‘thoughts and prayers’ to make out privilege claim in class action, court told
Associate Justice Patricia Matthews 2022-10-25 11:05 pm By Cindy Cameronne Sydney

A class action against Bayer over its allegedly defective Essure contraceptive devices has admonished the drug manufacturer’s bid to shield emails considered privileged in similar US litigation, arguing “thoughts and prayers” are needed to sustain the claim.

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ASIC sues Qoin issuer, says crypto-asset could ‘harm consumers’
ASIC 2022-10-25 12:08 pm By Cindy Cameronne Sydney

The Australian Securities and Investments Commission has brought proceedings against a Sydney-based issuer of Qoin that is also facing a class action, alleging it misled customers about the unregulated and ‘inherently risky’ crypto-asset. 

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Judge who represented Sydney Trains won’t recuse herself from fight with union
Ashurst 2022-10-24 11:41 pm By Cindy Cameronne Sydney

A judge has rejected a bid by the Australian rail union to recuse herself from hearing its case against Sydney Trains that seeks approval to deactivate Opal readers amid protracted industrial action, despite having represented the rail operator when she was a barrister last year. 

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Super fund sues crypto company for ‘flagrant’ trade mark infringement
Banki Haddock Fiora 2022-10-24 11:23 pm By Cindy Cameronne Sydney

Education superannuation fund NGS Super has filed a trade mark lawsuit against Australian blockchain mining company NGS Crypto, claiming it failed to comply with a promise to rebrand and continues to profit at the fund’s expense. 

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Judge wants delayed Sydney light rail class action finished by year’s end
Adam Hochroth 2022-10-24 1:07 pm By Cindy Cameronne Sydney

A class action trial over Sydney’s $3 billion light rail has been pushed off to next month after the applicant’s eleventh-hour amendments, but a judge has warned the parties they should wrap up the case by the end of the year..

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Judge frowns on workers’ bid to shut down Opal in Sydney trains dispute
Ashurst 2022-10-21 4:22 pm By Cindy Cameronne Sydney

A judge has raised concerns about a bid by the rail workers union for a judicial “green light” to deactivate ticket readers as part of a protracted industrial action in Sydney, saying the court should not be used as an “adviser”.

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ACCC may ground Virgin, Alliance Airlines charter agreement
ACCC 2022-10-21 4:02 pm By Cindy Cameronne Sydney

The Australian Competition and Consumer Commission is currently “not satisfied” that the public benefits from allowing Virgin and Alliance to continue to cooperate in markets for fly-in fly-out customers will outweigh its competition concerns. 

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Crown loses bid for contradictor to fight GCO application in class action
Allens 2022-10-21 4:01 pm By Cindy Cameronne Sydney

A judge has rejected Crown Resort’s bid to appoint a contradictor to fight a group costs order being sought in a shareholder class action accusing the casino giant of lax anti-money laundering compliance over a six-year period.

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ACCC raises competition concerns over NSW Forestry’s Hume Forests deal
ACCC 2022-10-20 4:35 pm By Cindy Cameronne Sydney

The ACCC has expressed concerns that Forestry Corporation of NSW’s proposed acquisition of Hume Forests could lead to price increases in regional areas by removing a significant competitor in the softwood market. 

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Light rail class action trial could be derailed by ‘last-minute’ amendments
Class Actions 2022-10-20 4:21 pm By Cindy Cameronne Sydney

A trial set to start next week in a class action over Sydney’s $3 billion delayed light rail could be pushed off until next year as the parties clash over an eleventh hour bid by the applicant to amend the case.

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