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Woolworths entitled to recoup loss in train derailment despite ‘force majeure’ event, judge says
Article 2021-04-14 6:34 pm By Miklos Bolza

Supermarket giant Woolworths can recoup losses from a 2014 train derailment in South Australia despite a contractual clause excluding force majeure events, the NSW Supreme Court has found.

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Domino’s loses bid to strike out underpayments class action
Class Actions 2021-04-13 10:35 pm By Cindy Cameronne

A judge has dismissed an application by Domino’s Pizza to strike out the pleadings in a class action accusing the pizza giant of making misleading and deceptive representations to franchisees which caused drivers to be underpaid.

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Telstra worker loses appeal over 2:30 am injury on work trip
Arnold Thomas & Becker 2021-04-13 2:25 pm By Cindy Cameronne

A former Telstra employee has lost her challenge to a ruling which denied her workers compensation for a hip injury suffered after a night out during a work trip, finding it did not arise out of her employment simply because it took place at the hotel booked by the telco.

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PwC wins access to Baker McKenzie docs from former client in spat over failed bank launch
Accounting 2021-04-12 11:07 pm By Miklos Bolza

PricewaterhouseCoopers has won access to communications between a Chinese lender and its lawyers at Baker McKenzie in a legal stoush over a failed bid to launch the first Chinese bank incorporated in Australia.

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Nine settles John Hewson defamation suit over ‘seriously dishonest’ report
Bird & Bird 2021-04-12 4:01 pm By Cat Fredenburgh

Nine has agreed to settle a defamation lawsuit by former Liberal leader John Hewson alleging a report by A Current Affair about his insurance firm was gratuitous and “seriously dishonest”.

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Novartis wins injunction to stop generic version of blockbuster MS drug, for now
Ben Mee 2021-04-12 2:51 pm By Cindy Cameronne

Swiss drug giant Novartis has secured an injunction temporarily blocking drug maker Pharmacor from launching a generic version of the company’s top-selling MS drug Gilenya in Australia.

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

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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Law firm drops opt out clause from funding agreement in Boral class action
Boral 2021-04-09 3:11 pm By Miklos Bolza

Phi Finney McDonald will amend its funding agreement with Therium in a shareholder class action against Boral after a judge found that an irrevocable opt out provision placed the law firm in a “manifest position of conflict”.

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Johnson & Johnson asks High Court to review landmark pelvic mesh ruling
Andrew Naylor 2021-04-09 2:29 pm By Cat Fredenburgh

A Johnson & Johnson unit wants the High Court to review the Full Federal Court’s rejection of its challenge to a landmark class action ruling that found the company’s pelvic mesh implants were defective and that it failed to adequately warn about their risks.

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After invalidity ruling, law firm tries again with MySuper class action against NAB units
Allens 2021-04-08 1:50 pm By Christine Caulfield

Maurice Blackburn has brought a second class action against two NAB units over $6.3 billion in super funds, after the law firm’s first attempt was shut down by a state court as invalid.

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