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Government ordered to do ‘root and branch review’ of PFAS class action defence
Australian Government Solicitor 2021-05-28 11:38 pm By Cat Fredenburgh Melbourne

A judge has ordered the federal government to file an amended defence in one of two class actions over its use of allegedly toxic firefighting foam on military bases, after being accused of lodging a deficient pleading.

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Climate change class actions likely as court finds duty of care owed to children
Ashurst 2021-05-28 2:03 pm By Miklos Bolza Sydney

Class actions are the next battleground following Thursday’s Federal Court ruling that the government owes a duty of care to protect children from the risks of climate change, according to a number of legal experts.

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Government owes duty of care to protect children from climate change, court rules
Ashurst 2021-05-27 11:07 am By Miklos Bolza Sydney

The federal Minister for the Environment owes a duty of care to children who could suffer “catastrophic” harms from increased greenhouse gas emissions that would result from approving the expansion of Whitehaven’s Vickery coal mine, a judge has ruled.

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Damages claimed in Takata airbags class action against VW ‘quite absurd’, court told
Automotive 2021-05-18 8:25 pm By Miklos Bolza Sydney

A class action trial against Volkswagen over recalled Takata airbags has kicked off, with a lawyer for the car giant denying the airbags carried a safety risk and attacking as “quite absurd” the sought-after damages of 30 percent of the initial price tag of affected cars.

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Google wants say on whether Epic battle with Apple should be heard in Australia
ACCC 2021-05-12 3:43 pm By Cat Fredenburgh Melbourne

Internet search giant Google wants to weigh in on an appeal over whether Epic Games’ lawsuit accusing Apple of abusing its dominance in the app store marketplace should be heard in Australia, as the ACCC wins its bid to intervene in the case.

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Futura Resources unit loses appeal of R&D tax offsets over coking coal project
Andrew Bailey 2021-05-03 12:06 pm By Miklos Bolza Sydney

A unit of coal mining company Futura Resources has failed to convince the Full Federal Court to allow it to register a 2012 coking coal mine investigation conducted in Central Queensland for a research and development tax offset.

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Full Court to hear Epic’s challenge to Apple dispute being heard in the US
Appeals 2021-04-16 11:58 pm By Cat Fredenburgh Melbourne

Fortnite game maker Epic Games has appealed a judge’s decision to send its misuse of market power case against Apple to California, in a significant case with implications for whether Australian companies can litigate disputes with tech giants on their home turf.

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Judge sends Epic’s competition dispute with Apple to California
ACCC 2021-04-09 11:44 pm By Cat Fredenburgh Melbourne

A judge has found that a clause in Apple’s agreement with developers requires that Fortnite game developer Epic Games litigate a closely watched competition lawsuit against the tech giant on its home turf. 

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FE Sports to pay $350,000 penalty for ‘serious’ resale price maintenance
ACCC 2021-03-24 9:01 pm By Miklos Bolza Sydney

Brisbane-based sporting goods wholesaler FE Sports has been fined $350,000 for engaging in resale price maintenance that prohibited dealers from advertising certain products for less than the recommended retail price.

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Fuji Xerox loses bid to throw out ACCC’s case over small biz contracts
Competition & Consumer Protection 2021-03-04 7:18 pm By Cindy Cameronne Sydney

A judge has refused to summarily dismiss proceedings brought by the ACCC against office supply company Fuji Xerox over allegedly unfair contracts with small businesses.

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