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Konami to pay Aristocrat a portion of 12 years’ profit from infringing poker machines
Andrew Fox 2022-12-09 10:38 pm By Sam Matthews

Gaming company Konami Australia has been ordered to pay rival Aristocrat Technologies a proportion of profits from the sale of patent-infringing poker machines over a 12-year period, as well as a chunk of damages for supply of the games that generated no revenue at all.

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Google defeats ACCC case over data collection
ACCC 2022-12-09 3:01 pm By Cindy Cameronne

The ACCC has lost proceedings accusing Google of duping millions of Australians into agreeing to expand the scope of personal information the tech giant could collect and combine for use in targeted advertising. 

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ACCC wins price-fixing case against BlueScope Steel, senior exec
ACCC 2022-12-09 10:26 am By Cindy Cameronne

The Australian Competition and Consumer Commission has largely won its case against BlueScope Steel and former general manager Jason Ellis alleging they engaged in “serious cartel conduct” in relation to the supply of flat steel products in Australia.

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Battle to run Blue Sky, EY class action not over, as firm appeals order to team up with rival
Appeals 2022-12-08 10:55 pm By Christine Caulfield

A law firm wants to challenge a court order that it play nice with a competing firm in a class action for investors against Blue Sky Alternative Investments and auditor EY.

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High Court won’t hear appeal of security for costs order in Westconnex class action
Appeals 2022-12-08 5:38 pm By Cindy Cameronne

The High Court has refused to hear an appeal of a decision forcing an unnamed litigation funder to provide $415,000 in security for the NSW government’s defence costs in a class action over the alleged fraudulent acquisition of land for construction of the $16 billion WestConnex tunnel.

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An ‘odd’ result: High Court told reputation can’t be ignored in Botox TM case
Angus Lang 2022-12-08 4:30 pm By Cindy Cameronne

A contradictor has argued that the High Court must consider the reputation of Botox maker Allergan’s trade marks in a cosmetic company’s challenge to a judgment finding it infringed the marks by marketing its topical creams as Botox alternatives.

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Law firm’s cut of EML class action driven down by carriage fight in separate case
Class Actions 2022-12-08 11:30 am By Sam Matthews

A judge has granted a law firm’s bid for a group costs order in a shareholder class action against payments processing company EML, but has trimmed its proposed cut of any recovery after comparing it to the contingency fee rate the firm accepted in another class action.

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High Court rejects Western Power appeal in bushfire class action
Allianz 2022-12-07 4:57 pm By Sam Matthews

The High Court has unanimously dismissed Western Power’s challenge to a judgment which found the state-owned electricity supplier breached its duty of care to inspect power poles on private land and was partly liable for property damage from the 2014 Perth Hills bushfire.

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NSW government has to prove $3B light rail was ‘necessary’, class action says
Adam Hochroth 2022-12-07 4:38 pm By Cindy Cameronne

Closing a class action trial over Sydney’s $3 billion light rail, a lawyer for 3,500 small businesses told a judge Wednesday the NSW government had to show that building the tram network was a “reasonably necessary” addition to the city’s transport options.

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Judge shaves $5M off agreed penalty in ACCC case against Uber
ACCC 2022-12-07 11:14 am By Sam Matthews

A judge has imposed a $21 million penalty on Uber for misleading customers through platform-wide cancellation messages and estimated fares on its Uber Taxi option, $5 million short of the “very substantial” sum jointly agreed by the parties.

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