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Doral defeats ‘speculative’ pre-action discovery bid over $32M Keysbrook mine sale
Bennett + Co 2022-03-15 5:54 pm By Miklos Bolza Sydney

Doral Mineral Sands has successfully blocked a pre-action discovery bid by an irate shareholder over losses stemming from the $32 million Keysbrook mine sale, with the Western Australia Supreme Court finding that any case against Doral was “mere assertion, conjecture or suspicion”

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Seven in talks to settle fight with broadcaster over 7HD trade mark
Ed Heerey 2022-03-14 11:15 am By Christine Caulfield Melbourne

Seven Network is in negotiations with Bangkok Broadcasting to resolve their spat over the Thai broadcaster’s proposed 7HD trade mark, which was found to be deceptively similar to Seven’s mark.

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Flying Eureka Flag at construction sites banned under building code, court finds
ABCC 2022-03-11 9:24 pm By Miklos Bolza Sydney

A court has found that flying flags associated with the Eureka Rebellion or displaying material bearing union mottos and indicia at construction sites contravenes the Building Code.

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Worley shareholders win appeals court battle to revive class action
Alexander Edwards 2022-03-11 2:34 pm By Christine Caulfield

An appeals court has sided with shareholders in their challenge to a ruling tossing a class action against engineering services company Worley, which was found to have had reasonable grounds for issuing overly rosy earnings guidance eight years ago.

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Court won’t let class action parties pay for judge to travel for Sydney trial
Adam Hochroth 2022-03-10 3:41 pm By Christine Caulfield Melbourne

The Federal Court won’t permit a Melbourne-based judge to travel to Sydney on the dime of the parties in a class action against wealth management group Colonial First State, but will foot the bill itself.

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Palmer salvages defence in spat with CITIC over $5.8B Sino Iron project
Clara Wren 2022-03-09 1:33 pm By Miklos Bolza Sydney

An appeal by billionaire Clive Palmer and his mining company Mineralogy has succeeded in reinstating parts of their defence attacking the state of mind of Hong Kong-based conglomerate CITIC in allegedly applying commercial pressure over the $5.8 billion Sino Iron project in Western Australia.

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After 30 years, class action market in a state of enormous flux
30 years of class actions in Australia 2022-03-08 4:57 pm By WP Creative

As we reach the 30-year anniversary of the modern form of class action in Australia, an enduring characteristic of class action practice in this country is that the area is not well-suited to those who enjoy certainty or predictability, say Jason Betts, Aoife Xuereb and Melissa Gladstone-Joyce of Herbert Smith Freehills.

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Energy Beverages tries to revive ‘Mother’ trade marks
Appeals 2022-03-08 3:41 pm By Cat Fredenburgh Melbourne

The maker of Mother brand energy drinks has filed an appeal challenging a judge’s decision to remove two of its registered ‘Mother’ trade marks for non-use.

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Settlement talks in Astora pelvic mesh class action ‘well advanced’
AJB Stevens 2022-03-03 9:57 pm By Miklos Bolza Sydney

Settlement talks in a class action brought by Shine Lawyers against Astora Women’s Health on behalf of women injured by allegedly defective pelvic mesh products are “well advanced”, while mediation in two similar actions is ongoing, a court has heard.

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Abandoned IVF clinic merger no win for ACCC, judge says
ACCC 2022-03-01 4:54 pm By Christine Caulfield Melbourne

The ACCC got what it wanted when IVF providers Virtus Health and Healius terminated a proposed $45 million merger, but it wasn’t a win, a judge has said in mostly denying the regulator’s bid to recover the costs of its court challenge to the deal.

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