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Beckman Coulter’s removal application to be heard with ‘Access’ trade mark appeal
Andrew Fox 2021-02-12 5:16 pm By Spencer Fowler Steen Melbourne

US biotech company Gen-Probe’s bid for the removal of rival Beckman Coulter’s ‘Access’ trade marks will be heard alongside its appeal of a ruling from the Trade Marks Office denying the company’s bid to expand its ‘Open Access’ trade mark to Australia.

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Judge questions whether novel PFAS class action should go to Full Court
Class Actions 2021-02-12 3:16 pm By Spencer Fowler Steen Melbourne

A judge has raised the possibility of referring a class action against the Morrison government for allegedly contaminating Indigenous land with toxic firefighting foam to the Full Federal Court due to novel questions the case raises about whether damages can be recovered for cultural loss.

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Privilege doesn’t apply to loss report for mediation in Gladstone class action
Agriculture 2021-02-12 2:44 pm By Miklos Bolza Sydney

The lead applicants in a $100 million class action against Gladstone Ports Corporation have lost their bid to shield an expert loss report from being revealed in an upcoming mediation.

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Kimberly-Clark agrees to pay $200,000 penalty in flushable wipes case
ACCC 2021-02-12 1:41 pm By Miklos Bolza Sydney

US consumer goods giant Kimberly-Clark has agreed to pay $200,000 for misleading ‘Made in Australia’ representations made on its ‘flushable’ wipes.

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Judge concerned about law firm’s legal costs in $44.5M Woolworths class action settlement
Bernard Quinn 2021-02-12 12:24 pm By Miklos Bolza Sydney

A judge has raised questions about an estimated $13.6 million in legal costs to be sought in an upcoming approval hearing on a $44.5 million settlement reached in a shareholder class action against Woolworths.

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Judge ‘tempted’ to allow Arrium liquidator to give expert evidence at trial
Baker McKenzie 2021-02-11 3:29 pm By Spencer Fowler Steen Melbourne

A judge has indicated that he will allow Arrium Group’s liquidator to give expert evidence at an upcoming trial in proceedings against the steel giant’s former directors over its $4 billion collapse, despite his other role as a party in the case.

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Westpac fires back in class action, says car loan borrowers could have shopped around
ASIC 2021-02-09 4:26 pm By Spencer Fowler Steen Melbourne

Westpac has hit back at a class action accusing it of colluding with car dealers on a “shonky” car loan scheme that allowed them to hike up interest rates to earn higher commissions, saying consumers could have shopped around for a better deal.

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Judge won’t allow new claims against Herbert Smith Freehills over Arrium Group collapse
Baker McKenzie 2021-02-03 4:11 pm By Cat Fredenburgh Melbourne

A judge has refused a bid to bring claims against law firm Herbert Smith Freehills in one of three lawsuits that will soon head to trial over the $4 billion collapse of steel giant Arrium Group.

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Judge refuses class action’s bid to amend forex cartel case against banks
Allen & Overy 2021-02-01 3:24 pm By Christine Caulfield Melbourne

A judge has sided with five investments banks and rejected a bid to amend a class action alleging a series of cartel agreements to rig foreign exchange rates, saying there were “substantial problems” with the proposed pleadings.

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Concerns about courts wading into funding commission rates ‘exaggerated’, judge says
Adam Hochroth 2021-01-29 10:08 pm By Christine Caulfield Melbourne

Concerns behind criticism that courts aren’t equipped to assess a class action funder’s commission are exaggerated, and the fixing by judges of reasonable remuneration, at least in other cases, is nothing new, a Federal Court judge has said.

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