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PFAS class action trial set to begin before ‘frustrated’ judge
Article 2023-04-28 11:02 pm By Christine Caulfield

Unless the parties can reach a last minute settlement over the weekend, trial in a class action against the Department of Defence over the use of alleged toxic firefighting foam at military bases across the country will begin Monday.

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High Court asked to weigh in on Toyota class action over defective diesel filters
Anais d'Arville 2023-04-28 4:48 pm By Christine Caulfield

Damages for reduction in value under the Australian Consumer Law are at the centre of competing special leave applications to the High Court filed by Toyota and the lead applicant in a class action over defective diesel filters.

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ANZ, Citigroup execs defend book coverage despite receding demand in $2.5B capital raising
Allens 2023-04-27 11:57 pm By Sam Matthews Melbourne

Two executives involved in ANZ’s $2.5 billion equity capital raising have stood by arguments that the book was covered when the bank’s underwriters took up $750 million of the shares, despite ASIC’s allegations of “receding demand” on the day of the placement.

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Allianz to appeal ruling over indemnity for historic sex abuse claims
Allianz 2023-04-27 10:06 pm By Cindy Cameronne Sydney

Allianz has flagged it will appeal a ruling that found it must indemnify the Uniting Church for historic claims of sexual abuse that allegedly occurred up to four decades ago at the exclusive Sydney boys’ private school Knox Grammar.

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IP Australia shreds cheese makers’ opposition to ‘parmesan’ trade mark
Appeals 2023-04-27 10:00 pm By Cat Fredenburgh

A consortium of parmigiano reggiano producers has lost its opposition to registration of a parmesan trade mark in Australia by an international group dedicated to protecting common names from being monopolised.

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Lawyer who filed defence in losing case wins appeal of personal costs order
Appeals 2023-04-27 3:13 pm By Christine Caulfield

A lawyer’s role in litigation is not to draw conclusions on the existence of facts or the outcome of a case, an appeals court has ruled in throwing out a personal costs order against a solicitor for filing a defence in a case his client ultimately lost.

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Singer Katy Perry loses trade mark stoush with Aussie designer
Christian Dimitriadis 2023-04-27 2:44 pm By Cindy Cameronne

In what a judge has dubbed a “tale of two women, two teenage dreams and one name”, US pop star Katy Perry has lost her bid to cancel the “Katie Perry” trade mark owned by an Australian designer and has been barred her from using her stage name to market clothing merchandise. 

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‘The book was covered’: ANZ fights ‘entirely novel’ ASIC case over $2.5B share placement
Allens 2023-04-26 11:18 pm By Sam Matthews Melbourne

ANZ has told a court it had no obligation to disclose a $750M bailout by the underwriters of a $2.5B equity capital raising in 2015, in ASIC’s case alleging the bank breached its continuous disclosure obligations by failing to alert the market to the bailout.

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Scenic Tours can cross-examine group members in cruise class action
Andrew Jordan 2023-04-26 10:55 pm By Cat Fredenburgh

A judge has ruled Scenic Tours can cross-examine class action members without seeking approval from referees, who will oversee a process for assessing amounts owed to them, after the tour operator mostly lost its appeal of a judgment that put it on the hook for damages to disappointed cruise goers.

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‘You could get a law degree in the time spent on this case’: Barrister’s fee overrun in spotlight
Appeals 2023-04-24 11:20 pm By Christine Caulfield

A barrister’s $320,000 bill for a case initially estimated to cost $60,000 in counsel fees was at the centre of an appeals court hearing Monday, and the dispute mirrors another battle between the practitioner and his instructing solicitor involving a cost blowout of a quarter of a million dollars.

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