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Judge nips Advanta Seeds class action in the bud, finds no duty of care owed
Agriculture 2021-04-09 5:59 pm By Miklos Bolza

Advanta Seeds has defeated a class action brought over contaminated seeds, with a court finding the Australian seed supplier did not owe a duty of care to irate farmers who allegedly suffered loss and damage from the decreased value of their sorghum crops sowed in the 2010/2011 summer season. 

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HWL Ebsworth advice to Quay Eyewear protected by privilege, judge rules
Contracts 2021-04-09 3:18 pm By Cindy Cameronne

A director of sunglasses company Quay Eyewear has lost her bid to access HWL Ebsworth’s advice to the company given during legal proceedings which accused her of tortious interference, breach of directors’ duties and intellectual property violations.

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Law firm drops opt out clause from funding agreement in Boral class action
Boral 2021-04-09 3:11 pm By Miklos Bolza

Phi Finney McDonald will amend its funding agreement with Therium in a shareholder class action against Boral after a judge found that an irrevocable opt out provision placed the law firm in a “manifest position of conflict”.

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‘Significant allegations’: ASIC ordered to flesh out case against REST
Albert Ounapuu 2021-04-09 2:53 pm By Cindy Cameronne

A judge has ordered ASIC to flesh out its case accusing the Retail Employees Superannuation of misleading members about their ability to move their super out of the REST Trust, given the “significant” allegations that a deliberate system was behind the superannuation trustee’s alleged misconduct.

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Johnson & Johnson asks High Court to review landmark pelvic mesh ruling
Andrew Naylor 2021-04-09 2:29 pm By Cat Fredenburgh

A Johnson & Johnson unit wants the High Court to review the Full Federal Court’s rejection of its challenge to a landmark class action ruling that found the company’s pelvic mesh implants were defective and that it failed to adequately warn about their risks.

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Tucker & Cowen didn’t enter binding settlement with client in negligence case, court finds
Graham Dietz 2021-04-09 11:47 am By Miklos Bolza

A court has rejected claims by a former client of Tucker & Cowen that the law firm entered into a binding settlement of $150,000 to resolve a negligence and breach of contract lawsuit over legal costs incurred in a protracted spat over a Nigerian telecoms company.

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Daily Mail can’t grill Erin Molan about Footy Show incident ahead of defamation trial
Clayton Utz 2021-04-08 9:39 pm By Christine Caulfield

The judge overseeing sports presenter Erin Molan’s defamation case against the Daily Mail won’t force Molan to be questioned ahead of trail about a segment on Nine’s The Footy Show in which she laughed at an off-colour joke, saying the  publisher was “fishing”.

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Bechtel challenges ATO decision that staff travel to Curtis Island LNG site not deductible
ATO 2021-04-08 6:34 pm By Miklos Bolza

A long standing stoush over staff expenses between Bechtel and the Australian Taxation Office has made its way to the Federal Court, with the engineering and construction firm challenging a decision that funds spent flying workers out to the Curtis Island LNG site were not tax deductible.

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Climate change case should not be run as a class action, government argues
Australian Government Solicitor 2021-04-08 4:51 pm By Miklos Bolza

The Commonwealth of Australia is seeking to remove all references to representative proceedings from a class action pleading that alleges the government failed to disclose the impacts of climate change to investors in sovereign bonds.

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Findex’s High Court challenge in case against former financial advisor falls flat
Accounting 2021-04-08 4:02 pm By Christine Caulfield

Accounting firm Findex Australia has lost a bid for the High Court to hear its case over a restraint provision against a former financial advisor found to have been unenforcable.

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