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Lawyerly holiday publishing schedule
Article 2021-04-01 11:27 pm By Christine Caulfield

In observance of the Easter holiday, Lawyerly will be closed on Friday, April 2 and Monday, April 5. We will resume regular daily publishing on Tuesday, April 6.

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Porter says ABC journalist’s ‘hypocrisy’ boosts case for aggravated damages
Defamation 2021-04-01 11:09 pm By Christine Caulfield

The “hypocrisy” of ABC journalist Louise Milligan in criticising the host of Media Watch for not seeking comment before a broadcast last month has aggravated the damage caused by her defamatory article, the former Attorney-General and accused rapist has told a court.

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‘The game is not worth the candle’: Judge says oral discovery in 7-Eleven class action a waste of time
Class Actions 2021-04-01 5:05 pm By Christine Caulfield

Courts have power to order oral discovery of potential witnesses ahead of trial, according to the judge overseeing two 7-Eleven class actions by franchisees, but the cases against the convenience store giant were not the occasion to exercise the power, he said.

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Will women’s ‘lens’ lead to greater diversity in judicial appointments?
Courts 2021-03-31 11:48 pm By Christine Caulfield

Barristers and legal experts are calling on the new Attorney-General to actively commit to gender diversity when she begins to make appointments to the courts, as the federal government’s promise to put its decision making through a women’s “lens” raises hopes of more female judicial appointments to correct the imbalance on the bench.

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Litigation funder not on hook for costs in failed Airservices class action
Class Actions 2021-03-31 3:01 pm By Christine Caulfield

The litigation funder that backed a dismissed employment class action against aviation service provider Airservices Australia has successfully argued that it should not bear the company’s costs of defending the case

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IP Australia on the Rolling Stones’ side in trade mark battle over ā€˜Jagger & Stoneā€™
Intellectual Property 2021-03-30 9:07 pm By Christine Caulfield

The Rolling Stones has successfully opposed registration of the ‘Jagger & Stone’ clothing trade mark in Australia, with a delegate finding the name was designed to ā€œspringboardā€ off the UK rock bandā€™s worldwide fame.

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ANZ admits flex commission dealers ‘encouraged’ to offer loans with interest above base rate
Class Actions 2021-03-30 4:26 pm By Christine Caulfield

Banking giant ANZ, which is facing a class action over a flex commissions scheme by its former car finance business, has admitted that the calculation of car dealers’ commission was aimed at encouraging loans with interest above a “base rate”.

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ACCC clears NAB’s $220M acquisition of digital bank 86 400
Corporate 2021-03-30 12:43 pm By Christine Caulfield

The ACCC has given the greenlight to NAB’s proposed acquisition of digital only bank 86 400, saying the tie-up would not substantially lessen competition.

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Arnott’s, Campbell won’t use ‘Plantly’ logo while TM infringement case simmers
Intellectual Property 2021-03-30 11:55 am By Christine Caulfield

Food giants Arnott’s and Campbell will stop using their ‘Plantly’ logo on any new products pending the resolution of a trade mark infringement lawsuit brought by rival Goodman Fielder.

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ATO loses appeal in JobKeeper case over sole trader’s lasped ABN
Tax 2021-03-26 10:45 pm By Christine Caulfield

The Australian Taxation Office has come up short in its challenge to a decision that a sole trader was eligible for Jobkeeper despite a cancelled ABN, with the Full Federal Court saying the small businessman was entitled to the government COVID-19 handout.

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