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Full Court revives Finish Powerball trade marks, but it’s not a clean victory
Intellectual Property 2024-02-16 4:56 pm By Cindy Cameronne

The maker of Finish dishwashing products, RB Hygiene, has won a partial appeal in a trade mark stoush with rival Henkel, with the Full Court reviving two of its trade marks but rejecting its challenge to a logo for competing Somat-branded products.

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‘Not something we could ever agree to’: Applicant fights soft class closure in AMP case
Class Actions 2024-02-16 3:26 pm By Sam Matthews

The applicant in a class action against four AMP subsidiaries and two trustees over alleged excessive superannuation fees has flagged its opposition to soft class closure, saying it would be “completely inappropriate” to require the large class of up to two million group members to register ahead of mediation. 

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Instagram to accuse Melbourne start-up of violating US data security law
Technology 2024-02-16 1:46 pm By Cindy Cameronne

Instagram is planning to hit Dialogue Consulting with a cross-claim that accuses the Melbourne social media start-up of breaching US law related to the protection of users’ data and engaging in misleading or deceptive conduct.

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Tyro secures $10M settlement in restraint of trade case against Lightspeed unit
Fintech 2024-02-16 5:52 pm By Cat Fredenburgh

EFTPOS provider Tyro has secured a $10 million settlement in a lawsuit accusing a unit of Canadian firm Lightspeed of violating a restraint of trade clause by encouraging Tyro customers to adopt its own competing payment system.

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Company can’t duck service of $2.5M lawsuit via solicitors, judge says
Energy & Natural Resources 2024-02-16 11:53 pm By Sam Matthews

A Norwegian company can’t dodge service of a $2.5 million lawsuit via its Australian solicitors, failing in its argument that exceptional circumstances are needed to avoid the more lengthy and costly process of serving it in its home country.

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Herbert Smith Freehills chases United Petroleum for costs over failed IPO dispute
Professional Negligence 2024-02-15 3:50 pm By Cindy Cameronne

Herbert Smith Freehills has filed proceedings against its former client United Petroleum, seeking costs of successfully defending a lawsuit alleging it acted negligently in relation to the company’s failed initial public offering in 2016. 

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CBA hit with record $10M penalty for underpaying 7,400 employees
Employment 2024-02-15 11:14 pm By Cat Fredenburgh

Commonwealth Bank of Australia and subsidiary CommSec have been hit with $10.34 million in penalties — the highest ever imposed in enforcement action by the workplace regulator — after admitting it underpaid thousands of employees more than $16 million.

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Business Chicks owner says Fairfax articles painted her as a ‘hypocrite’
Defamation 2024-02-15 4:52 pm By Cindy Cameronne

The owner of womens’ networking group ‘Business Chicks’ has sued Fairfax over allegedly defamatory articles which she claims painted her as a hypocrite who unfairly fired a pregnant employee and fostered a toxic workplace culture. 

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Judge vindicates Lisa Wilkinson’s decision to ditch Ten’s legal team
Defamation 2024-02-14 5:13 pm By Sam Matthews

A judge has found that Lisa Wilkinson acted reasonably in ditching Network Ten’s legal team in a defamation case brought by Bruce Lehrmann, noting the “distrust” between the presenter and her former employer as well as other matters, including a retainer Ten’s solicitors had with The Australian newspaper. 

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High Court grants special leave in Ford class action over PowerShift transmissions
High Court 2024-02-14 1:11 pm By Christine Caulfield

The High Court has granted special to leave to a class action against Ford over allegedly PowerShift transmissions, agreeing to hear the case alongside two appeals in a class action against Toyota that deal with how reduction in value damages should be calculated under the Australian Consumer Law.

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