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High Court to hear Botox trade mark appeal
Appeals 2022-05-18 3:42 pm By Cat Fredenburgh

The High Court has granted special leave to a cosmetic company to challenge a judgment finding it infringed Botox maker Allergan’s trade marks by marketing its topical creams as Botox alternatives.

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TerraCom continues fight to keep PwC report from ASIC investigators
Appeals 2022-04-08 5:06 pm By Miklos Bolza

Coal mining firm TerraCom has taken its bid to shield a PricewaterhouseCoopers report from ASIC to the Full Court, appealing a judgment which found the regulator could view the report because of public statements made by the company.

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High Court to hear Spain’s sovereign immunity claims in $375M arbitration dispute
Appeals 2022-03-23 10:23 pm By Cat Fredenburgh

The High Court has agreed to weigh in on whether an Australian court’s recognition of a $375 million international arbitration award against the kingdom of Spain violated the sovereign immunity doctrine.

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Viterra loses bid for ‘drastic’ freezing orders to safekeep $18m arbitration award
Agriculture 2022-03-15 10:01 pm By Cindy Cameronne

Viterra has lost its battle to maintain freezing orders against two Australian business as it seeks to enforce an $18.7 million arbitration award against a related but separate Chinese company.

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TerraCom can’t keep PwC report from ASIC investigators
Accounting 2022-03-11 10:14 pm By Christine Caulfield

Mining company TerraCom has lost a case seeking to shield a report by PricewaterhouseCoopers from the Australian Securities and Investments Commission, which is investigating claims current and former executives falsified coal quality results.

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Class action waiver in Ruby Princess cruise T&Cs not unfair, court told
Amy Reid 2022-02-14 9:51 pm By Christine Caulfield

A class action waiver in the terms and conditions of tickets purchased by US passengers embarking on the fateful Ruby Princess cruise at the height of the first COVID-19 wave was neither unfair nor onerous, an appeals court has heard.

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Meta, Instagram lose appeal bid to arbitrate startup’s competition case
Competition & Consumer Protection 2022-02-04 1:58 pm By Christine Caulfield

An appeals court has dismissed a second attempt by Meta and Instagram to shut down a misuse of market power case by a Melbourne-based social media startup.

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Carnival keeps up fight to exclude foreign passengers from class action
Amy Reid 2021-10-06 5:44 pm By Christine Caulfield

Carnival has launched a challenge to last month’s court finding that overseas passengers could remain group members in a class action over the 2020 Ruby Princess COVID-19 outbreak.

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Judge vacates Ruby Princess class action trial
Amy Reid 2021-09-17 6:34 pm By Miklos Bolza

A judge has vacated a March hearing in a class action against cruise operator Carnival over last year’s Ruby Princess COVID-19 outbreak, a week after resolving an almost year-long dispute about whether overseas passengers could be part of the proceeding.

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Carnival can’t exclude overseas passengers from Ruby Princess class action
Amy Reid 2021-09-10 11:53 am By Miklos Bolza

Cruise operator Carnival has lost its bid to exclude US and UK passengers from a class action over the 2020 Ruby Princess COVID-19 outbreak, with a judge finding the Federal Court was not a “clearly inappropriate forum” to hear the dispute.

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