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AFT loses challenge to ruling over ‘misleading’ Maxigesic ads
Alastair Vincent 2020-03-19 9:07 pm By Cat Fredenburgh Melbourne

AFT Pharmaceuticals has lost its challenge to a ruling that ads claiming its painkiller Maxigesic is more effective than Nuremol were misleading and deceptive, with the Full Federal Court saying the primary judge did not err in finding the ads lacked an adequate scientific basis.

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Clive Palmer loses second bid to quash criminal charges over resort villa takeover
Alexander Law 2020-03-19 4:37 pm By Christine Caulfield Melbourne

Billionaire Clive Palmer has lost his appeals court fight to shut down criminal proceedings alleging his resort company breached takeover laws, with three judges saying his claims were untenable.

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HWL Ebsworth must pay indemnity costs in ex-partner spat after ‘unreasonable’ rejection of compromise
Appeals 2020-03-19 2:47 pm By Christine Caulfield Melbourne

HWL Ebsworth is on the hook for the legal costs of an unfair dismissal case won by ex-partner Tim Griffiths, and the law firm must pay almost two years of legal bills on an indemnity basis after it twice refused an offer of settlement.

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BHP can’t pause shareholder class action over Brazil dam failure
Alistair Pound 2020-03-18 10:18 pm By Christine Caulfield Melbourne

BHP has failed in a bid to shut down a class action over the Fundao dam failure pending criminal proceedings in Brazil, with a judge ruling the mining giant would not be prejudiced if the case proceeded for now.

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Tandem unit loses bid to de-class ‘sham’ contracting class action
Class Actions 2020-03-18 2:43 pm By Cat Fredenburgh Melbourne

A unit of Telstra contractor Tandem has lost its bid to de-class a ‘sham’ contracting class action brought on behalf of telecommunications workers who claim they were denied benefits by being misclassified as contractors.

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ACCC says cancellations due to COVID-19 could impact consumer rights
ACCC 2020-03-18 12:51 pm By Cat Fredenburgh Melbourne

The Australian Competition and Consumer Commission has issued guidelines on consumers’ rights to refunds if a flight or event is shuttered due to the coronavirus, saying consumer guarantees could be affected if cancellation are caused by government restrictions.

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Lion hits WA store with trade mark lawsuit over ‘offensive’ t-shirt
Food and Beverage 2020-03-17 8:56 pm By Cat Fredenburgh Melbourne

Beer giant Lion has slapped a WA retailer with a trade mark lawsuit over an offensive t-shirt that features the mark for its Emu Export beer with the words “wife basher” emblazoned across the top.

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Debt collector Panthera Finance must pay $500,000 for harassing consumers
Australian Government Solicitor 2020-03-16 8:46 pm By Cat Fredenburgh Melbourne

Australia’s second largest debt recovery agency has been ordered to pay $500,000 after the company admitted breaching Australia’s consumer laws by unduly harassing and misleading three people over debts they did not owe.

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Ex-Macquarie Media boss Adam Lang settles defamation case over Daily Telegraph articles
Addisons 2020-03-16 3:53 pm By Cat Fredenburgh Melbourne

The former boss of Sydney’s 2GB and Melbourne’s 3AW radio stations, Adam Lang, has resolved his defamation case against the publisher of the Daily Telegraph over articles he claimed portrayed him as an incompetent, sadistic executive who created a toxic work atmosphere.

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Why the case against contingency fees does not stack up
Class Actions 2020-03-16 2:20 pm By WP Creative Sydney

If contingency fees are really so bad that they should be opposed as a matter of principle, why did each of the Productivity Commission, the Victorian Law Reform Commission, and the Australian Law Reform Commission recommend their introduction? The answer is that on close analysis, the arguments against contingency fees do not bear scrutiny, says NSW barrister Daniel Meyerowitz-Katz.

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