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Climate change class action urgent given ‘what is at stake’, judge says
Alicia Lyons 2022-07-19 1:06 pm By Christine Caulfield

A judge has put a climate change class action on behalf of Torres Strait Islanders on a tight timetable and committed herself to handing down judgment soon after trial, saying the case was one of “considerable urgency”.

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BMW’s finance arm secures order against Forum Group for red Ferrari
Financial Services 2022-07-18 4:32 pm By Christine Caulfield

The finance arm of luxury car maker BMW has been given the greenlight to repossess a red 2019 Ferrari 488 Pista Coupe purchased by alleged fraudster Bill Papas’ defunct Forum Group.

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Class action wants admissions after Albanese declares ‘climate emergency’
Alicia Lyons 2022-07-15 2:59 pm By Cindy Cameronne

The lead applicants in a climate change class action by Torres Strait Islanders are hoping the Commonwealth will admit climate change targets set by the Morrison government were “woefully inadequate”, a court heard Friday. 

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Booktopia agrees on penalty in ACCC case over ‘misleading’ refund policy
ACCC 2022-07-15 1:43 pm By Christine Caulfield

Booktopia has resolved a case by the consumer regulator alleging the online book retailer’s policy that required customers to request a refund within two business days of purchase was misleading.

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Wrong plaintiff, wrong defendant: Payton Securities unit loses professional negligence case
Julia Nikolic 2022-07-15 11:58 pm By Sam Matthews

Investment manager Payton Securities has lost a bid to recoup claimed losses over $1.4 million stemming from an allegedly negligent property valuation by Bertacco Ferrier, with a judge finding that the company had not retained the valuer and was not a party to the valuation.

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Bayer wants to amend Xarelto patent at centre of Sandoz’s invalidity claim
Ashurst 2022-07-15 11:37 am By Christine Caulfield

German pharmaceutical giant Bayer, which is facing a legal bid by generic drug maker Sandoz to invalidate patents covering blood clot drug Xarelto, is seeking to amend one of the patents in dispute.

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‘No relationship’ with reality: Judge rails against ‘grossly inflated’ security estimate
Construction 2022-07-14 5:00 pm By Cindy Cameronne

A judge has slammed a “grossly inflated” estimate of legal costs relied on during a security for costs bid by non-bank lender Aquamore Finance in an appeal over a commercial loan accruing compound interest of 79 per cent per year.

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Lawyer who acted for both sides in employment case loses appeal of misconduct finding
Appeals 2022-07-14 2:37 pm By Sam Matthews

A court has rejected an appeal by a lawyer who acted for both sides in an employment dispute between a company and its former managing director and advised the director to “take and park” over $370,000 from the company account as leverage.

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Reflex fails to prove invalidity of Globaltech patent for devices sold to Boart Longyear
Adrian Ryan 2022-07-14 2:03 pm By Cindy Cameronne

Technology company Reflex Instruments has lost its challenge to rival Globaltech’s patent for two mining survey tools, with a judge finding Reflex had not established the technology wasn’t novel and lacked an inventive step.

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Class action over COVID-19 jab mandate ‘legally misconceived’, judge says
Class Actions 2022-07-13 5:47 pm By Sam Matthews

A judge has dismissed a proceeding against the New South Wales government over a mandate requiring healthcare workers to be vaccinated against COVID-19, saying the applicant’s constitutional case was “legally misconceived and must be rejected.”

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