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‘No reason in logic’ why Ethicon pelvic mesh class should not be expanded, judge says
Class Actions 2019-05-02 4:27 pm By Cat Fredenburgh Melbourne

A judge has signed off on the lead applicants’ bid to expand the current group definition in a class action against Johnson & Johnson unit Ethicon over allegedly defective vaginal mesh products, saying there was “no reason in logic” why the request should be denied.

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Ashley Services class action settles for $14.6M
Class Actions 2019-05-02 12:58 pm By Cat Fredenburgh Melbourne

Private training company Ashley Services and auditors Deloitte and Grant Thornton will pay a combined $14.6 million to settle a shareholder class action, and IMF Bentham says it may bank $7.2 million for funding the litigation.

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Foxtel can’t revoke China Unicom trade mark after Allens misses deadline
Allens 2019-05-01 11:45 pm By Christine Caulfield Sydney

Pay TV giant Foxtel has lost an appeal of an IP Australia decision refusing to revoke a trade mark by telco China Unicom after a failure of the trade mark office’s online filing system meant its law firm, Allens, missed the deadline for opposing the mark.

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Property developers accused of ‘gaming the system’ at GST class action trial
Class Actions 2019-05-01 10:58 pm By Amelia Birnie Sydney

Multiple Canberra property developers have been accused of deliberately trying to avoid repaying GST to home buyers at the outset of a class action trial involving almost 500 apartment owners.

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‘Cranky’ judge set to order ex-Parramatta Council boss, Fairfax to mediation again
Banki Haddock Fiora 2019-05-01 6:33 pm By Amelia Birnie Sydney

The defamation case of sacked CEO of Sydney’s City of Parramatta Council against Fairfax Media is “susceptible to settlement”, a judge said Wedneday as he flagged the prospect of sending the case to mediation for a second time.

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Bega wins $60M battle with Kraft over peanut butter trade dress rights
Addisons 2019-05-01 3:21 pm By Cat Fredenburgh Melbourne

Kraft Foods has come up short in its high-stakes legal battle against Bega over the right to use its distinctive peanut butter trade dress in Australia, allowing Bega to maintain its hold on the $60 million per year stake in the peanut butter market which it acquired by purchasing Kraft unit Mondelez’s Australian and New Zealand business in 2017.

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Judge slams as ‘rubbish’ legal privilege claims in CIMIC class action lawyer’s affidavit
Allens 2019-05-01 2:35 pm By Christine Caulfield Sydney

A judge overseeing discovery in a class action against global engineering company CIMIC Group has called out the legal profession for an “extraordinary” new trend of relying on solicitors’ affidavits in claiming privilege over evidence.

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Judgment looms in battle over iconic Kraft peanut butter trade dress
Addisons 2019-04-30 10:51 pm By Cat Fredenburgh Melbourne

Judgment is expected Wednesday in a high-stakes dispute between consumer giants Kraft and Bega over who owns the rights to the signature Kraft peanut butter trade dress in Australia.

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Hanson-Young defends TV comment that ‘men behave like morons and pigs’
Defamation 2019-04-30 5:57 pm By Amelia Birnie Sydney

Facing cross-examination on the second day of her defamation hearing against former Senator David Leyonhjelm, Greens Senator Sarah Hanson-Young denied she suggested all men were collectively responsible for violence against women when she said “men behave like morons and like pigs” in a television interview.

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IOOF chair told APRA conflicts of interest were ‘a bit of a non-event’
Arnold Bloch Leibler 2019-04-30 5:42 pm By Christine Caulfield Sydney

The former chairman of troubled IOOF told APRA during a review meeting that he “struggled” to think the wealth manager had any conflicts of interest and that the issue was getting too much “airplay”, according to court documents filed recently by the prudential regulator.

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