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Is it infringement if no one saw it? Hells Angels, Redbubble TM case to raise novel issue
Intellectual Property 2021-11-02 1:02 pm By Bianca Hrovat

A novel issue of liability has been raised in a trademark dispute between Hells Angels Motorcycle Corporation and Redbubble, with the online retailer claiming a trade mark cannot be infringed if the trade mark owner is the only person to witness the alleged infringement.

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BlueScope meeting made distributor ‘extremely uncomfortable’, ACCC tells court
Competition & Consumer Protection 2021-11-01 5:58 pm By Cindy Cameronne

BlueScope general manager Jason Ellis made executives of a steel distributor “extremely uncomfortable” in a meeting where he presented the steel giant’s price list, a court hearing the ACCC’s price-fixing case was told Monday.

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Binding statement as good as class action in age pension case, judge told
Class Actions 2021-11-01 8:28 pm By Bianca Hrovat

The federal government is seeking to avoid a representative proceeding brought on behalf of Indigenous men alleging its failure to “close the gap” in life expectancy necessitates a lower age eligibility for their fair and equal access to the age pension.

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Law firm wants to use class action list to help group members in Tandem liquidation
Class Actions 2021-11-01 9:05 pm By Miklos Bolza

Shine Lawyers is seeking court permission to use a list of employees provided by collapsed telecommunications contractor Tandem in a stayed class action to assist group members with making claims and recovering losses in the company’s liquidation.

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Administrators seek more time to sort through 25 potential buyers for Atlas Gaming
Restructuring & Insolvency 2021-11-01 4:16 pm By Miklos Bolza

The administrators of pokie manufacturer Atlas Gaming, of which former Victoria Premier Jeff Kennett is a major shareholder, are seeking an extension of time to finalise the sale of the struggling business which owes more than $9.5 million to creditors, shareholders and employees.

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Law firm must pay $13M for negligence that led to client’s botched Woolworths deal
Professional Negligence 2021-10-29 9:53 pm By Cindy Cameronne

A national law firm has been found liable to pay $13 million in damages for giving negligent advice to a former client that led to a botched sale of its business to Woolworths and caused it to go into administration.

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Crown pays $125M to settle class action over Chinese gambling disclosures
Class Actions 2021-10-29 9:30 am By Christine Caulfield

Crown Resorts has reached a $125 million settlement in a shareholder class action, avoiding a six-week trial scheduled to begin on Monday.

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Class action silks thank court for OKing in-person trial that didn’t happen
Courts 2021-10-29 7:27 pm By Christine Caulfield

A settlement in the class action against Crown Resorts put paid to an in-person trial before it began, but gathering in court on Friday to notify the presiding judge of the happy outcome was enough to remind the Victorian litigators what they had missed over the past 18 months.

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CBA seeks leniency as judge grapples with first criminal case of its kind
Financial Services 2021-10-29 5:31 pm By Miklos Bolza

A fine imposed against the Commonwealth Bank for false and misleading representations to customers should reflect offences that were “well below the midpoint” of seriousness, counsel for the bank has told a judge overseeing the first criminal case of its kind.  

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Qantas COVID-19 mask mandate ‘lawful and reasonable’: FWC
Employment 2021-10-29 5:44 pm By Miklos Bolza

The Fair Work Commission has ruled that a mask mandate issued by Qantas as part of its Fly Well program in response to the COVID-19 pandemic was “lawful and reasonable” as it tossed an unfair dismissal case brought by a former flight attendant.

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