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SPC loses appeal of $1.2M judgment over Coca-Cola Amatil deal
Appeals 2021-11-23 9:22 pm By Cindy Cameronne Sydney

Melbourne-based joint venture Shepparton Partners Collective has lost its appeal of a $1.2 million judgment that found it infringed software developer QAD’s copyright by failing to pay a transfer fee to retain the licence after it acquired the iconic SPC Ardmona cannery in Victoria from Coca-Cola Amatil for $40 million.

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Court tosses case over sacred trees at Western Highway upgrade site
Anna Robertson 2021-11-23 8:52 pm By Miklos Bolza Sydney

A court has summarily dismissed a lawsuit accusing the Victorian government of acting unlawfully by improving the Western Highway and threatening to harm six ‘directions’ trees of cultural significance to the Djab Wurrung people.

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Union accuses McDonald’s of unpaid rest break ‘conspiracy’
Colin Biggers & Paisley 2021-11-23 1:48 pm By Bianca Hrovat Sydney

McDonald’s Australia has been joined as a second respondent in a union-led lawsuit that accuses the fast food giant of “conspiring to deliberately deny workers their breaks”.

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Nuix hit with shareholder class action over $1.8B IPO
Class Actions 2021-11-22 11:54 am By Cat Fredenburgh Melbourne

Embattled technology company Nuix has been hit with a shareholder class action over its $1.8 billion December float on the ASX.

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Sparke Helmore was negligent in failing to alert developer to looming deadlines, court finds
Andre Zahra 2021-11-22 4:38 pm By Bianca Hrovat Sydney

Law firm Sparke Helmore acted negligently by failing to adequately advise a New South Wales property developer about extension of time notices that were needed to prevent two lucrative contracts from falling through, a judge has found.

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Monsanto may face claim for exemplary damages in Roundup class action
Agriculture 2021-11-22 6:45 pm By Miklos Bolza Sydney

A class action on behalf of people who claim they developed non-Hodgkin lymphoma after using Monsanto’s Roundup weed killer will argue the agrochemical giant should be hit with exemplary damages for its negligence in selling the herbicide, which the company allegedly knew caused cancer.

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Honda can’t dodge discovery for potential lawsuit by dealers
Ashurst 2021-11-22 4:36 pm By Bianca Hrovat Sydney

Honda Motors has failed to strike out or permanently stay a proceeding seeking discovery for a possible lawsuit over the Japanese car maker’s decision to abandon its Australian dealership model, with a judge rejecting Honda’s argument that the preliminary discovery application didn’t meet the requirements for service abroad.

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Banksia class action barristers declare bankruptcy after $21.7M judgment
Andrew Palmer 2021-11-19 9:39 pm By Christine Caulfield Melbourne

Two former barristers ordered to pay at least $21.7 million in damages and costs for their role in a fraudulent scheme to pocket a windfall from the Banksia Securities class action have filed for bankruptcy.

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Dixon Advisory class action wants court to hold penalty in ASIC case
ASIC 2021-11-19 1:21 pm By Cat Fredenburgh Melbourne

The applicant in a class action against self-managed superfund provider Dixon Advisory wants to intervene in ASIC’s proceedings, which the company agreed to resolve for $7.2 million, saying any penalty in the case should be held by the court until the resolution of the class action.

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Full Court shoots down Aristocrat’s patents for popular poker machine
Appeals 2021-11-19 9:26 pm By Cindy Cameronne Sydney

IP Australia has won its appeal of a judge’s decision to allow four Aristocrat patents for its popular Lightning Link electronic poker machine to proceed to grant, with the Full Court finding the invention merely implemented an abstract idea on a computer and was not patentable.

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