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Class action firm’s potential profit from Arrium case not relevant to security sum: judge
Accounting 2023-03-10 3:10 pm By Sam Matthews Melbourne

A judge overseeing a security dispute in a shareholder class action against KPMG and former directors of Arrium has found that potential profits to the plaintiff law firm running the case under a group costs order is not relevant to determining the quantum of security for costs.

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Moccona sues Vittoria for selling instant coffee in a jar
Davies Collison Cave 2023-03-10 2:14 pm By Sam Matthews Melbourne

A trade mark stoush between the owners of coffee brands Moccona and Vittoria is “all about whether people think a jar means Moccona”, a court has heard.

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Ex-Western Bulldogs player sues AFL, club over concussions
Personal injury 2023-03-10 6:02 pm By Sam Matthews Melbourne

Retired Western Bulldogs player Liam Picken has filed a lawsuit against the AFL, his former club and two club doctors over the alleged mismanagement of head injuries he says left him unable to pursue a post-football career.

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Prosecutors want prison sentence for CEO in Sydney waste cartel case
ACCC 2023-03-09 5:59 pm By Sam Matthews Melbourne

The former managing director and CEO of Bingo Industries should be sentenced to imprisonment for aiding and abetting the waste company in fixing prices for demolition waste services in Sydney, a court has heard.

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Law firm gets $50,000 bump in costs after breach finding in Romeo’s class actions
Adero Law 2023-03-09 5:15 pm By Sam Matthews Melbourne

The fees of a class action firm found to have breached cost disclosure rules in running two underpayments class actions against supermarket chain Romeo’s have been adjusted up, after $260,000 was initially cut from the bill by the Federal Court.

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Bayer can take another crack at ‘scientific knowledge’ defence in Essure class action
Class Actions 2023-03-09 5:05 pm By Sam Matthews Melbourne

A class action against Bayer over its Essure contraceptive has lost a bid to knock out the pharmaceutical giant’s defence that argues any defects in the device could not have been discovered given the state of scientific knowledge at the time the implants were sold in Australia.

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Hotel’s compliance with COVID-19 orders didn’t doom $11.25M sale: High Court
Chief Justice Susan Kiefel 2023-03-08 4:53 pm By Sam Matthews Melbourne

The High Court has ruled that the buyer of a well-known Sydney hotel was not entitled to repudiate the purchase agreement because of the hotel’s compliance with restrictions on public gatherings during the COVID-19 pandemic, which affected the operation of the business.

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Court wants to avoid judgment of ‘hundreds of pages’ in Monsanto class action
Agriculture 2023-03-08 3:43 pm By Sam Matthews Melbourne

A busy judge has pushed the parties in a class action against agrochemical giant Monsanto to split the trial to focus first on the question of whether the company’s Roundup weed killer causes cancer so that he can avoid writing a judgment of “hundreds and hundreds” of pages.

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‘Simply unworkable’: Judge finds MP, Sally Rugg cannot work together
Angel Aleksov 2023-03-07 12:58 pm By Sam Matthews Melbourne

A judge has rejected a bid by Independent Monique Ryan’s chief of staff Sally Rugg to keep her job until her “hotly contested” suit against the MP is resolved, saying she was “far from persuaded” that Rugg actually wants to return to work.

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Company being sued by Peloton can’t knock out fitness mum’s ‘spin’ trademark
Intellectual Property 2023-03-07 3:57 pm By Sam Matthews Melbourne

California-based fitness company Mad Dogg, which is being sued by Peloton for claiming exclusive rights to the term ‘spinning’, has lost its opposition to fitness personality the HIIT Mum’s trade mark featuring the word ‘spin’, which a delegate found was a common description of cycling classes.

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