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a2 Milk loses another trade mark opposition as high-stakes appeal looms
Agriculture 2019-10-17 4:33 pm By Cat Fredenburgh Melbourne

The a2 Milk Company has come up short again in opposing a competitor’s bid to register a trade mark containing “a2”, with a delegate finding the reputation of its goods does not lie in the descriptive term a2 alone.

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Judge ‘outraged’ by terms of ACCC’s $75M dieselgate settlement with VW
Australian Government Solicitor 2019-10-16 8:41 pm By Amelia Birnie Sydney

A judge is considering whether he can increase a record $75 million civil penalty settlement reached by Volkswagen and the ACCC over the dieselgate scandal, after saying the people of Australia would be “upset” if they knew about some of the “outrageous” terms to which the consumer watchdog had agreed.

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Ex-Dick Smith directors seek damages against Deloitte over $520M float
Class Actions 2019-10-11 4:43 pm By Miklos Bolza Sydney

Two former Dick Smith directors targeted by dual class actions have expanded their case against Deloitte over the retailer’s 2016 collapse, saying if the company was found liable for shareholder losses then the auditor should be blamed for its shoddy work on the company’s financial statements during its float three years earlier.

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Funder in Toyota class action wants up to 30% commission
Bannister Law 2019-10-10 10:25 pm By Christine Caulfield Melbourne

The litigation funder bankrolling a new class action against Toyota over allegedly faulty filters in its diesel models is looking to earn a step-up commission of between 20 and 30 percent of any recovery in the case.

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Market-based causation on the line as first shareholder class action judgment looms
Class Actions 2019-10-09 11:16 pm By Christine Caulfield Melbourne

The judge who presided over a rare securities class action trial last year against department store Myer will deliver judgment in the case this month that could be the first ruling on causation in Australian shareholder class actions and has the potential to have a chilling effect on law firms bringing the cases.

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Facing Deloitte cross-claims, Dick Smith execs drag other directors into class action
Alan Shearer 2019-10-03 10:22 pm By Cat Fredenburgh Melbourne

Former Dick Smith executives Nick Abboud and Michael Potts have pointed the finger at the defunct electronics retailer’s other directors in response to cross claims by auditor Deloitte, which is named in two shareholder class actions over the company’s collapse.

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ASIC can use PwC partner’s evidence in case against Rio Tinto
Allen & Overy 2019-10-03 8:20 pm By Cat Fredenburgh Melbourne

The Australian Securities and Investments Commission has won its bid to use evidence from US proceedings in its case against Rio Tinto alleging the mining giant misled shareholders about a Mozambique mining company purchased for US$4.2 billion.

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Battle ahead as Hanwha seeks to ‘strengthen’ solar patent after suing rivals for infringement
Angus Lang 2019-10-02 4:15 pm By Miklos Bolza Sydney

Global solar panel manufacturer Hanwha Q CELLS wants to amend the patent behind its solar technology, more than six months after launching infringement proceedings against three rivals.

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Court signs off on AMP’s new remediation program in ASIC insurance churn case
AMP 2019-10-01 8:42 pm By Miklos Bolza Sydney

A judge has given the thumbs up to AMP’s new program to identify and compensate victims of so-called insurance churning by its financial planning arm after inadequacies were revealed in the original scheme.

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Concerns ‘poorer’ patients in vaginal mesh class action less likely to be notified of rights
Andrew Naylor 2019-09-30 9:44 pm By Amelia Birnie Sydney

The judge overseeing the Ethicon pelvic mesh class action has flagged serious public policy concerns stemming from class identification problems, amid fears that “poorer” patients in the public health system would be less likely to be notified of their rights compared to those in the private system.

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