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BeforePay defeats Bendigo and Adelaide Bank’s ‘B’ trade mark challenge
Intellectual Property 2024-01-15 3:50 pm By Cindy Cameronne

Bendigo and Adelaide Bank has lost its opposition to the registration of three trade marks by pay on demand company BeforePay, with a delegate finding that consumers of banking and financial services were unlikely to be confused by the marks and acted with high “care and attention”. 

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RMIT Village developer loses appeal in case clarifying Victoria’s domestic building law
Construction 2024-01-15 2:26 pm By Cindy Cameronne

Developer Centurion Australia Investments has lost an appeal in a dispute with builder APM Group in which it argued that its RMIT Village student accommodation falls under laws applying to domestic buildings. 

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Sinking homes class action lodged against developer Green Capital, council
Class Actions 2024-01-12 11:17 pm By Cindy Cameronne

Property developer Green Capital and Lake Macquarie City council are facing a class action seeking compensation for homeowners in a Newcastle suburb over properties that are allegedly sinking into the ground and have been “injuriously affected in value”. 

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High Court challenge filed in class action against Ford over PowerShift transmissions
High Court 2024-01-11 10:40 pm By Cindy Cameronne

The High Court has been asked to hear another case dealing with how reduction in value damages should be calculated under the Australian Consumer Law, with Ford arguing its appeal should be heard alongside two appeals in a class action against Toyota which the High Court has already agreed to take up.

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Finfluencer infringed rival’s ‘financial foreplay’ trade mark but no damages due, court finds
Intellectual Property 2024-01-11 1:36 pm By Cindy Cameronne

A judge has found finfluencer Canna Campbell infringed a rival’s ‘financial foreplay’ trade mark by promoting a podcast that contained the phrase, but declined to award damages, finding there was insufficient evidence that she profited from the infringement.

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Toyota faces class action investigation over alleged Corolla paint defect
Class Actions 2024-01-11 2:08 pm By Cindy Cameronne

A law firm is mulling a class action against Toyota over paint on certain Corolla models that allegedly peeled when exposed to sunlight or ultraviolet light, in alleged breach of the acceptable quality guarantees under the Australian Consumer Law. 

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Judge rejects climate challenge to NSW logging agreement
Environment 2024-01-10 12:44 pm By Cindy Cameronne

An environmental group has lost its case alleging the federal government failed to take climate change into account when it renewed an agreement for logging in New South Wales, with a judge saying it was a ‘political’ issue rather than one for the courts.

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United Petroleum outlets sued by FWO for underpayments
Employment 2024-01-10 2:14 pm By Cindy Cameronne

The Fair Work Ombudsman has brought proceedings against three United Petroleum-branded outlets in Tasmania and South Australia, alleging they underpaid migrant workers by more than $26,000. 

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NSW tries to duck exemplary damages in strip search class action
Class Actions 2024-01-09 12:37 pm By Cindy Cameronne

The New South Wales government wants to strike out class action claims that police conducted illegal strip searches at music festivals in the state ‘as a matter of routine’ and that it should face exemplary damages.

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Australia Post unit wins injunction in passing off case against former biz partner
Competition & Consumer Protection 2024-01-09 8:45 pm By Cindy Cameronne

Australia Post unit StarTrack has won an injunction barring postal product manufacturer TMA Australia from using a website URL containing the words ‘StarTrack’, with the Full Court finding a judge wrongly held the case was ‘weak’.

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