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WorleyParsons unit to contest $132M arbitration award in Vietnamese mining dispute
Arbitration 2019-05-20 12:40 pm By Miklos Bolza Sydney

Engineering firm Jacobs E&C, which was acquired by WorleyParsons last year, has said it will resist an arbitration judgment of around $132 million handed down against it in March to the operator of a Vietnamese mine.

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GSK narrowly defeats ACCC’s case over revised Osteo Gel packaging
Bird & Bird 2019-05-17 11:44 pm By Cat Fredenburgh Melbourne

GlaxoSmithKline has defeated claims by the ACCC that revised packaging for its now-discontinued pain killer Osteo Gel misled consumers. The drug maker will face penalties for earlier violations it admitted to, but the court hinted the damages will be nowhere near the $6 million competitor Reckitt Benckiser faced in a similar case.

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Microsoft can’t get ‘free hand’ to change case in re-trial of IP spat, judge says
Andrew Fox 2019-05-17 11:11 pm By Christine Caulfield Melbourne

A judge has rejected an application by Microsoft to add a claim to its intellectual property dispute with a Melbourne computer retailer after the software giant’s $2.8 million win was overturned as “regrettable” and the case sent back for re-trial.

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Jack de Belin weighs appeal as judge upholds NRL’s stand-down rule
Alan Sullivan 2019-05-17 8:55 pm By Amelia Birnie Sydney

Rugby league player Jack de Belin is weighing an appeal after losing his court challenge to the NRL’s “no fault” stand-down rule, while the players’ representative body considers a collective dispute under the Fair Work Act.

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Facebook, Instagram to fight misuse of market power case by social media startup
Competition & Consumer Protection 2019-05-17 2:27 pm By Christine Caulfield Melbourne

Facebook and Instagram will defend against claims they misused their market power to block an Australian marketing startup from their platforms, saying the company – which sends scheduled social media posts for clients — had breached their terms of use.

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‘Fantastic, in the true sense of the word’: judge slams Appco class action funder’s 40% cut
Adero Law 2019-05-16 9:19 pm By Amelia Birnie Sydney

A judge has raised serious concerns about the proposed commission by the funder behind a $90 million sham contracting class action against fundraiser Appco, slamming as “intuitively wrong” an arrangment that could leave group members pocketing less than half of any recovery.  

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SARB seeks to park vehicle detector patent case, says dispute settled 5 years ago
Andrew McRobert 2019-05-16 8:25 pm By Miklos Bolza Sydney

Melbourne-based civic compliance firm SARB Management Group wants to put the brakes on a case brought by tech company Vehicle Monitoring Systems over a patented method for detecting vehicles, in a dispute it says was finalised in a settlement reached almost five years ago.

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Trial date at risk as Iluka Resources class races to lock in new funder
ACA Lawyers 2019-05-16 4:53 pm By Amelia Birnie Sydney

The applicants in the Iluka Resources investor class action have just 14 days to sort out their funding troubles and provide a $1.25 million security, as a judge warns he will not be able to hold their trial date any longer.

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Common fund orders on shaky ground as High Court grants special leave to Westpac, BMW
Allens 2019-05-15 9:58 pm By Christine Caulfield Melbourne

The writing may be on the wall for common fund orders in class actions that put all unregistered group members on the hook for a litigation funder’s commission, after the High Court agreed Wednesday to take up landmark challenges by Westpac and BMW, experts say.

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ACCC loses court challenge to Pacific National, Aurizon terminal deal
Ashurst 2019-05-15 9:09 pm By Amelia Birnie Sydney

The Australian Competition and Consumer Commission has suffered a major defeat in its challenge to Pacific National’s proposed $205 million acquisition of competitor Aurizon’s Queensland freight terminal, with a judge saying he was appeased by a last-minute promise from Pacific that it would not block third parties from accessing the terminal.

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