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Katy Perry loss shows fame no ticket to ride ‘roughshod’ over trade mark owners
Analysis 2023-05-01 12:36 pm By Christine Caulfield

An infringement ruling against US singer Katy Perry in a case brought by an Australian fashion designer is a “win for the little guy”, experts say, showing that fame doesn’t give celebrities a blank cheque to exploit their brand at the expense of someone’s else’s registered trade mark.

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MLC agrees to pay $10M penalty in ASIC case
Insurance 2023-05-01 11:56 pm By Christine Caulfield

MLC has agreed to cop a $10 million penalty for admitted breaches of the Corporations Act in an ASIC case that alleged the insurer failed to promptly update medical terms in policies and withheld payment of a life insurance benefit.

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High Court asked to weigh in on Toyota class action over defective diesel filters
Product Liability 2023-04-28 4:48 pm By Christine Caulfield

Damages for reduction in value under the Australian Consumer Law are at the centre of competing special leave applications to the High Court filed by Toyota and the lead applicant in a class action over defective diesel filters.

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PFAS class action trial set to begin before ‘frustrated’ judge
Trials 2023-04-28 11:02 pm By Christine Caulfield

Unless the parties can reach a last minute settlement over the weekend, trial in a class action against the Department of Defence over the use of alleged toxic firefighting foam at military bases across the country will begin Monday.

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No livestream for trial in wage cases against Coles, Woolworths
Employment 2023-04-28 2:51 pm By Christine Caulfield

A Federal Court judge has pulled the plug on a bid by the Fair Work Ombudsman for an upcoming trial in wage cases against supermarket giants Coles and Woolworths to be livestreamed like other hearings of public interest in the court.

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Deloitte report into Medibank cyberattack to be kept secret
Privacy & Cybersecurity 2023-04-28 11:52 pm By Christine Caulfield

Private health insurer Medibank has not released a Deloitte report into last year’s cyberattack that exposed the private information of 10 million customers.

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Meta’s market power still eclipses all other social media combined, ACCC says
Social Media 2023-04-28 11:14 pm By Christine Caulfield

Despite the growing popularity of new entrant TikTok, Facebook and Instagram-owner Meta retains significant market power in the social media industry, reporting annual advertising revenue of $5 billion in Australia alone, a report has found.

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Lawyer who filed defence in losing case wins appeal of personal costs order
Appeals 2023-04-27 3:13 pm By Christine Caulfield

A lawyer’s role in litigation is not to draw conclusions on the existence of facts or the outcome of a case, an appeals court has ruled in throwing out a personal costs order against a solicitor for filing a defence in a case his client ultimately lost.

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‘Excessive’ costs by Nando’s top tier law firm for simple exam chopped by 72%
Franchises 2023-04-27 11:16 pm By Christine Caulfield

The costs billed by Nando’s Australia’s law firm for work on a “straightforward” judgment debtor examination of a franchisee — totalling almost a fifth of the debt — have been slashed, with a court finding the costs manifestly excessive.

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Hog’s Breath Cafe franchisees mull declassing bid in own class action
Class Actions 2023-04-26 2:38 pm By Christine Caulfield

The lead applicant in a franchisee class action against the Hog’s Breath Cafe restaurant chain is considering an application to declass the case it brought after losing a challenge to a $1.23 million security for costs order.

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