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Combustible cladding class action gets makeover
Amelia Smith 2020-02-27 5:37 pm By Miklos Bolza Sydney

The lead applicant in a class action over allegedly combustible cladding has been ordered to immediately pay the defendants’ costs that were thrown away by amended pleadings that bring a “substantially new case”, over a year after the high-stakes case was filed.

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New pelvic mesh class action targets Medtronic unit, two other device makers
AJB Stevens 2020-02-27 4:06 pm By Alison Eveleigh Sydney

Medtronic owned Covidien and two other medical device manufacturers have been hit with a class action on behalf of thousands of women who claim to have suffered lifelong complications from the devices, the third class action over pelvic mesh implants brought in Australia.

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Head of NSW Racing claims ABC story on racehorse slaughter defamed him
Bruce McClintock 2020-02-27 12:34 pm By Cat Fredenburgh Melbourne

The head of Racing NSW has hit the ABC with a defamation lawsuit over a ‘7:30’ segment that revealed racehorses were being slaughtered in violation of industry rules.

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Government reaches settlement in toxic foam class actions
Class Actions 2020-02-27 10:55 am By Cat Fredenburgh Melbourne

A settlement has been reached in three class action against the Commonwealth of Australia over the use of allegedly toxic firefighting foam at government military bases.

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Deloitte partners can’t dodge production order after ‘outrageous’ removal of audit files, Full Court says
Alan Shearer 2020-02-27 10:00 am By Miklos Bolza Melbourne

Deloitte has lost its appeal of a ruling in a shareholder class action over the collapse of Hastie Group that compelled the production of audit files taken by a partner from the accounting giant’s litigation room, in a ruling that described the actions of the partner as “bordering on contempt” and slammed Deloitte for “cynically” exploiting the situation.

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Costs skyrocket to $315 million in Woolworths underpayments scandal
Class Actions 2020-02-26 9:33 pm By Alison Eveleigh Sydney

Supermarket chain Woolworths, which is facing a class action over its staff underpayments, has admitted the amount owed to workers is at least $315 million, far higher than the company’s initial estimate of $200 million to $300 million.

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‘Cheeky’ and deceptively similar: Down N’ Out infringed In-N-Out Burger’s trade mark, judge says
Baker McKenzie 2020-02-26 7:11 pm By Miklos Bolza Sydney

An Australian burger chain launched as a tribute to the popular American burger franchise In-N-Out has lost a trade mark infringement lawsuit, with a judge finding its name choice was “deceptively similar” and “cheeky”.

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Costly IP cases could make Australian courts look bad, Dynastat patent judge says
Biopharmalex 2020-02-26 5:52 pm By Miklos Bolza Sydney

A judge overseeing patent litigation over the painkiller Dynastat has urged the parties to narrow any issues in dispute, saying the excessive amounts of money spent in these types of cases could harm public perception.

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Ex-boss of medical tech firm Respiri sues over termination
Baker McKenzie 2020-02-26 4:07 pm By Alison Eveleigh Sydney

The former CEO of Respiri has levelled a slew of claims at the ASX-listed medical technology company and two of its former directors, including breach of the Fair Work Act, as well as failure to pay short term incentives (STI) and vest options valued at $2.2 million.

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Sacked AMP lawyer demands details of alleged performance concerns
AMP 2020-02-26 3:41 pm By Christine Caulfield Melbourne

Former AMP general counsel Larissa Cook, who is suing the financial services giant for alleged bullying, wants her former employer to provide details of claims in its defence that senior executives raised concerns about her conduct and that her performance was being “managed”.

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