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ASIC to face off against Westpac after judge ripped up $35M settlement deal
Class Actions 2019-05-02 9:22 pm By Cat Fredenburgh Melbourne

The Australian Securities and Investments Commission will gets a chance on Monday to prove its claims that Westpac breached responsible lending laws by providing unsuitable home loans when the two face off in a high-stakes trial following the court’s rejection of what would have been a record $35 million penalty for breaching the country’s lending laws.

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‘No reason in logic’ why Ethicon pelvic mesh class should not be expanded, judge says
Class Actions 2019-05-02 4:27 pm By Cat Fredenburgh Melbourne

A judge has signed off on the lead applicants’ bid to expand the current group definition in a class action against Johnson & Johnson unit Ethicon over allegedly defective vaginal mesh products, saying there was “no reason in logic” why the request should be denied.

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Ashley Services class action settles for $14.6M
Class Actions 2019-05-02 12:58 pm By Cat Fredenburgh Melbourne

Private training company Ashley Services and auditors Deloitte and Grant Thornton will pay a combined $14.6 million to settle a shareholder class action, and IMF Bentham says it may bank $7.2 million for funding the litigation.

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Foxtel can’t revoke China Unicom trade mark after Allens misses deadline
Allens 2019-05-01 11:45 pm By Christine Caulfield Sydney

Pay TV giant Foxtel has lost an appeal of an IP Australia decision refusing to revoke a trade mark by telco China Unicom after a failure of the trade mark office’s online filing system meant its law firm, Allens, missed the deadline for opposing the mark.

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Property developers accused of ‘gaming the system’ at GST class action trial
Class Actions 2019-05-01 10:58 pm By Amelia Birnie Sydney

Multiple Canberra property developers have been accused of deliberately trying to avoid repaying GST to home buyers at the outset of a class action trial involving almost 500 apartment owners.

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Judge signs off on Halifax liquidators’ plan to email creditors
Financial Services 2019-05-01 10:12 pm By Cat Fredenburgh Melbourne

Creditors of defunct stockbroker Halifax Investment may soon get emails from the company’s liquidators, after a judge signed off on their request to keep creditors abreast of developments in the defunct’s trading platform’s liquidation proceedings electronically.

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‘Cranky’ judge set to order ex-Parramatta Council boss, Fairfax to mediation again
Banki Haddock Fiora 2019-05-01 6:33 pm By Amelia Birnie Sydney

The defamation case of sacked CEO of Sydney’s City of Parramatta Council against Fairfax Media is “susceptible to settlement”, a judge said Wedneday as he flagged the prospect of sending the case to mediation for a second time.

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ACCC can’t swallow Meredith Dairy’s resale price maintenance plan
Competition & Consumer Protection 2019-05-01 3:50 pm By Cat Fredenburgh Melbourne

A resale price maintenance notification by Meredith Dairy that would block resellers from selling its goat cheese products below a specified price raises competition concerns, the Australian Competition and Consumer Commission says.

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Bega wins $60M battle with Kraft over peanut butter trade dress rights
Addisons 2019-05-01 3:21 pm By Cat Fredenburgh Melbourne

Kraft Foods has come up short in its high-stakes legal battle against Bega over the right to use its distinctive peanut butter trade dress in Australia, allowing Bega to maintain its hold on the $60 million per year stake in the peanut butter market which it acquired by purchasing Kraft unit Mondelez’s Australian and New Zealand business in 2017.

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Judge slams as ‘rubbish’ legal privilege claims in CIMIC class action lawyer’s affidavit
Allens 2019-05-01 2:35 pm By Christine Caulfield Sydney

A judge overseeing discovery in a class action against global engineering company CIMIC Group has called out the legal profession for an “extraordinary” new trend of relying on solicitors’ affidavits in claiming privilege over evidence.

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