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Vocation class action lumbers on with pared claims
Class Actions 2019-11-11 4:02 pm By Cat Fredenburgh

Certain claims in a shareholder class action against insolvent training company Vocation and auditor PricewaterhouseCoopers have been dropped, as the long-running case awaits a new trial date pending the outcome of a separate Full Court appeal.

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‘Mother’ consumers know best: IP Australia shuts down Monster Energy’s trade mark opposition
Intellectual Property 2019-11-08 11:32 pm By Cat Fredenburgh

Monster Energy has lost its opposition to coffee company Vittoria Food & Beverage’s proposed ‘Mothersky’ trade mark, with a delegate of the Trade Marks Office saying the energy drink company’s ‘Mother’ energy drink brand was so strong in the minds of consumers that there was no likelihood of confusion.

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Staffing company faces $45M worker misclassification class action
Class Actions 2019-11-05 10:07 pm By Cat Fredenburgh

A unit of staffing company Programmed has become the latest target of a litigation blitz over casual workers, with the company facing a $45 million class action for allegedly failing to pay workers accrued annual leave and other entitlements.

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Full Federal Court rejects US exception to privilege against self incrimination
Appeals 2019-11-05 3:33 pm By Cat Fredenburgh

The sole director and shareholder of OE Solutions can challenge a ruling ordering him to hand over seized documents to Australian automotive electronics developer Directed Electronics OE, with the Full Federal Court declining to adopt US precedent that carves out an exception to the privilege against self-incrimination for corporate custodians.

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Nationwide drops judicial bias claim in Geoffrey Rush defamation appeal
Defamation 2019-11-04 11:09 pm By Cat Fredenburgh

Nationwide News is backpedaling from claims that a $2.9 million defamation judgment won by actor Geoffrey Rush should be overturned because of apprehended bias on the part of the trial judge.

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Encompass patents don’t pass muster with IP Australia, despite amendment
Intellectual Property 2019-11-04 5:51 pm By Cat Fredenburgh

IP Australia has found two Encompass innovation patents that were at the centre of a highly anticipated Full Federal Court ruling on the patentability of computer software do not describe a manner of manufacture, despite an amendment from the financial software company.

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ASIC wins admissions from NAB in $100M fees for no service case
ASIC 2019-11-04 1:30 pm By Cat Fredenburgh

A hearing scheduled for next year in the Australian Securities and Investments Commission’s case against two NAB wealth management units will focus solely on how steep a penalty the bank should face after it made admissions about its fees for no service conduct.

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‘Time for commercial reality to bite’: Judge orders class closure in Takata air bags class actions
Class Actions 2019-11-01 3:30 pm By Cat Fredenburgh

The judge overseeing seven class actions against some of the world’s largest car makers over defective Takata airbags has ordered that class closure take place in advance of mediation, saying it was “time…for commercial reality to bite”.

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Mexican chain tries to block Taco Bell’s Australian expansion
Intellectual Property 2019-11-01 12:18 pm By Cat Fredenburgh

A Mexican restaurant franchise is waging a high-stakes courtroom battle to block US fast food giant Taco Bell from moving ahead with plans to set up shop in Victoria and NSW.

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Pirate fund files $6.3M lawsuit against stock exchange over suspension
Corporate 2019-10-31 11:30 pm By Cat Fredenburgh

An investment fund named after a 17th-century pirate has hit the National Stock Exchange with a $6.3 million lawsuit over a suspension decision it calls “capricious” and a violation of the NSX’s terms.

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