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‘Fugitive’ Bill Papas entitled to protect lawyer’s notes, court told
Allens 2022-04-13 4:17 pm By Cindy Cameronne Sydney

A lawyer for Forum Finance director Bill Papas has argued the alleged fraudster should be able to shield documents held by his former lawyer under a claim for legal professional privilege despite being a “fugitive” from contempt charges.

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Smile Direct Club bites back in lawsuit over teeth straightener claims
ACCC 2022-04-07 10:10 pm By Sam Matthews Melbourne

The maker of the popular Invisalign dental aligners may soon face a cross-claim from competitor SmileDirectClub, which it sued for allegedly misleading consumers about the cost and efficacy of its direct-to-consumer teeth alignment kits. 

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‘Bad luck’: Judge denies penniless Captain Cook College’s appeal delay bid
ACCC 2022-04-05 8:59 pm By Sam Matthews Melbourne

A judge has rejected an application by training provider Captain Cook College to postpone the hearing of its appeal in a case won by the ACCC, saying the company’s inability to fund the appeal was “largely a problem of [its] own making.”

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Opal Tower engineer takes insurers to court over class action coverage
Alexander Barnett 2022-03-30 1:50 pm By Cat Fredenburgh Melbourne

The structural engineer behind Sydney’s Opal Tower has taken builder Icon’s insurers to court, arguing they should cover its costs in a class action brought on behalf of residents of the ill-fated building and related litigation.

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ATO hits back at Pepsico lawsuit over Schweppes bottling payments
ATO 2022-03-25 9:31 pm By Miklos Bolza Sydney

A notice issued to Pepsico demanding royalty withholding tax over bottling payments made by Schweppes correctly notified the soft drink giant of its tax liability, the Australian Taxation Office has said.

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Court appoints contradictor in class action funder’s challenge to MIS rules
Adam Hochroth 2022-03-22 3:59 pm By Miklos Bolza Sydney

The Full Federal Court has appointed a contradictor to “take up the cudgels” against funder Litigation Capital Management, which has challenged a judgment refusing to find that a class action filed against Queensland electricity operators was not a managed investment scheme.

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High Court grants Western Power special leave in bushfire class action
Brahma Dharmananda 2022-03-22 2:17 pm By Miklos Bolza Sydney

The High Court will hear a challenge by Western Power to an appeals court judgment which found that the state-owned electricity supplier breached its duty of care to inspect power poles on private land and was partly liable for property damage from the 2014 Perth Hills bushfire.

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Full Court deals drug companies a blow on patent term extensions
Appeals 2022-03-18 10:27 pm By Miklos Bolza Sydney

The Full Court has upheld two judgments that shortened patent term extensions granted to Merck Sharpe & Dohme and Ono Pharmaceuticals, finding the extension regime cannot be construed as achieving a “commercial outcome for a patentee”.

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Ousted MinterEllison boss appointed CEO of Victorian gaming authority
Business of Law 2022-03-17 10:33 pm By Sam Matthews Melbourne

The Victorian Gambling and Casino Control Commission has appointed former MinterEllison managing partner Annette Kimmitt as CEO after an “extensive” recruitment process, a year to the month after she was shown the door at the Big 6 firm for her controversial staff emails about a partner’s work for then Attorney-General Christian Porter. 

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Fitness chain F45 tries to revive patents for computerised workout system
Appeals 2022-03-16 5:29 pm By Sam Matthews Melbourne

National fitness chain F45 has appealed a court decision revoking two of its patents for a computer-run trainer workout system, arguing its system constituted a technological innovation in the field of fitness studio franchising which rival Body Fit has profited from.

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