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Appeals court to decide if Murray Darling Basin Authority can limit class action liability
Class Actions 2021-08-27 11:10 pm By Christine Caulfield

The Murray-Darling Basin Authority will soon make its case directly to an appeals court that it can rely on defences limiting its liability to farmers in a class action alleging negligent oversight of the river system, a question that could have implications for other climate change cases against government agencies.

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Seven wins pre-case docs from Cricket Australia in battle over summer broadcast
Competition & Consumer Protection 2021-08-27 4:28 pm By Christine Caulfield

Cricket Australia must hand over documents to Seven West Media as the TV network weighs potential legal action for damages against the league over the quality of the 2020-2021 summer cricket season.

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Judge freezes Forum Finance director’s worldwide assets
Financial Services 2021-08-27 5:34 pm By Cindy Cameronne

A judge has expanded a freezing order over assets owned by Forum Finance director Vincenzo Tesoriero to include property outside Australia, including a yacht in Miami dubbed “XOXO”, after Westpac raised concerns about non-disclosure.

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7-Eleven willing to negotiate with Seven over 7NOW trade mark, court hears
Intellectual Property 2021-08-27 12:48 pm By Christine Caulfield

7-Eleven has told a court it is willing to negotiate a deal with Seven over the 7NOW logo, a trade mark the TV network recently lost after a successful challenge by the convenience store chain.

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Caterpillar wins fight over Puma’s Procat trade mark
Intellectual Property 2021-08-27 10:11 pm By Cindy Cameronne

US machinery manufacturer Caterpillar has won its appeal of a decision approving sportswear brand Puma’s ‘Procat’ trade mark application, with a judge finding “a significant number” of consumers might be confused by the mark.

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Norton Rose must face damages with ‘substantial sting’, ex-partner says
Employment 2021-08-26 7:24 pm By Miklos Bolza

A former Norton Rose Fulbright partner locked in a six-year legal battle with the firm has urged the Full Court to allow a $160,000 damages award in his favour to be recalculated, saying it did not provide enough “sting”, amounting to just $1,500 per partner.

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CBA slams class action’s ‘shameless’ attempt to obtain CEO’s emails
Class Actions 2021-08-26 2:13 pm By Bianca Hrovat

The Commonwealth Bank of Australia has slammed an attempt by a class action to “trawl through” its Chief Executive Officer’s emails in search of correspondence regarding it decision to rebate commissions grandfathered by the Future of Financial Advice reforms.

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Judge finds NSW environmental regulator has ‘duty’ to address climate change
Climate change 2021-08-26 10:15 pm By Cindy Cameronne

The NSW Environment Protection Authority must develop policies to protect the environment from the threat of climate change, a judge has found in a significant victory for climate advocates.

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Santos accused of misleading market by ‘greenwashing’ natural gas claims
Environment 2021-08-26 6:20 pm By Bianca Hrovat

Leading Australian oil and gas producer Santos is accused of misleading the market by “greenwashing” its environmental credentials in a landmark shareholder-led lawsuit filed in the Federal Court.

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NAB cops $18.5M fine for failing to disclose adviser fees
Financial Services 2021-08-26 10:47 am By Cindy Cameronne

National Australia Bank has been hit with a $18.5 million fine after admitting to allegations by ASIC that it failed to adequately disclose its adviser fees for five years.

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