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YTL Power’s case over capital gains tax on $1B sale hopeless, court finds
Energy & Natural Resources 2023-03-24 8:59 pm By Cat Fredenburgh

The tax commissioner has convinced a judge to throw out proceedings by Malaysian power company YTL Power seeking declarations that it does not owe capital gains tax from the sale of its stake in ElectraNet Pty Ltd.

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J&J knee implant class action member can claim damages despite WorkSafe payout
Class Actions 2023-03-24 5:25 pm By Cindy Cameronne Sydney

A group member in a class action against J&J unit Depuy International can receive compensation for out of pocket expenses associated with an alleged defective knee implant, despite having been paid by WorkSafe Victoria, a court has found.

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Mining equipment supplier Qteq denies ACCC’s cartel claims
ACCC 2023-03-23 9:22 pm By Sam Matthews Melbourne

Mining equipment company Qteq and its executive chairman Simon Ashton have denied allegations of bid rigging and other cartel conduct levelled by the Australian Competition and Consumer Commission.

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Chocolatier Koko Black takes rival to court for TM infringement
Clayton Utz 2023-03-23 9:12 pm By Christine Caulfield

Artisanal chocolate brand Koko Black has brought legal action against rival chocolate maker Kokopod and its owner, alleging they are infringing on Koko Black’s trade marks.

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Developers added to Apple, Google class actions despite conflict concerns
Allens 2023-03-23 4:38 pm By Cindy Cameronne Sydney

App developers can be added as group members in class actions against Apple and Google alleging they engaged in anti-competitive conduct in operating their app stores, despite Apple’s concerns that the law firm running the case will owe conflicting duties. 

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Full Court finds ACCC misstepped by not bringing ‘major failures’ case against Mazda
ACCC 2023-03-23 3:18 pm By Cindy Cameronne Sydney

The Australian Competition and Consumer Commission and Mazda have both lost their appeals in a case over the car manufacturer’s ‘appalling’ customer service, with three judges questioning the regulator’s decisions in how it ran the case.

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Bayer ‘deeply suspicious’ of pre-trial discovery bid in fight over Xarelto patents
Ashurst 2023-03-23 2:09 pm By Sam Matthews Melbourne

German pharmaceutical giant Bayer has slammed generic drug make Sandoz’s late bid for documents, which it called an attempt to “divert and distract” Bayer on the eve of a three-week trial over the patents for its top-selling blood clot drug Xarelto.

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Judge slams ‘fishing expedition’ for AFP report in Lehrmann defamation case
Barry Dean 2023-03-23 1:46 pm By Sam Matthews Melbourne

A judge has rejected a bid by The Project presenter Lisa Wilkinson to discover a 39,000-page AFP report outlining the contents of accused rapist Bruce Lehrmann’s phone, calling it “a classic fishing expedition.”

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ACCC urged to investigate Etihad for ‘greenwashing’
ACCC 2023-03-23 12:01 am By Cat Fredenburgh

A complaint has been lodged with the Australian Competition and Consumer Commission against Etihad Airways for allegedly making false or misleading statements about its greenhouse gas emissions and plans for achieving net zero emissions.

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Full Court to decide scope of whistleblower laws in ex-Greenwoods partner’s $13M case
Assured Legal Solutions 2023-03-22 11:42 pm By Cat Fredenburgh

A judge hearing a lawsuit by an ex-Greenwoods & Herbert Smith Freehills partner seeking $13 million in compensation from his former firm and Lendlease has ordered that the court first decide whether new whistleblower protections apply retrospectively.

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