I don't follow your argument at all. A2MC has a very simple case against Lion, alleging deceptive market behaviour and claiming financial losses. Australia's law against deceptive conduct is pretty clear, so bringing the case need not be complicated or expensive. Very straightforward, actually
Lion has responded with claims of its own which (as the judge has already indicated) open up a range of other issues.
This effectively creates a second court case, as shown in the recent procedural timetable issued by the judge. The A2MC claim will be heard first and the deadlines for a number of filings by the two sides in respect of this claim have already passed. The deadlines for some filings in respect of Lion's cross-claim have also already expired, so the lawyers on both sides have already had work to do.
But even though processes are already under way on both sides, they remain separate. Lion's "challenge" to the veracity of A2MC's publicity material has later procedural deadlines. No dates have been set for actual hearings - they are likely to be set in December.
The judge has determined that all questions of liability in respect of the claims by the two sides will be determined separately from, and prior to, all questions (if any) of relief.
A2MC and Lion have both been directed to put their detailed claims forward with supporting evidence in writing. A2MC will have an opportunity to defend its promotional material and respojnd to Lion's claims. This may eventually involve putting Lion's advisers in the witness box for cross-examination. I wouldn't like to be one of them. No big deal for A2MC, and no great expense. It holds all the relevant info in its possession already, while Lion will be operating outside of familiar territory.
The case will not, as some on this forum have assumed, become a general inquiry into the A1/A2 issue and the benefits of A2 milk. It will be confined to hearing the claims by either side alleging commercial loss. The judge is not going to come down with some finding that A2 yields no health benefits, any more than he can issue a judgment saying the theory of gravity is wrong or that Vitamin C is a hoax..What he could possibly do is hold that some statements included in A2MC's promotional material were not justified. We'll see.
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