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Energy Beverages files ‘Mother’ of an appeal against trade mark decision
Intellectual Property 2021-08-09 10:29 pm By Bianca Hrovat

A high-energy trade mark dispute has gone to the Federal Court after the maker of Mother energy drinks lost its bid before IP Australia to prevent a Victoria-based company from registering Kangaroo Mother as a trade mark for beverages.

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Judge wants to hear AUSTRAC class actions against CBA before he retires, literally
Class Actions 2021-08-06 11:17 pm By Cindy Cameronne

The judge overseeing class actions against Commonwealth Bank over its money laundering compliance failures has threatened to force the parties to go to trial by a certain date if they can’t agree to “sensible” time limits to ready the case for hearing, noting he would reach retirement age in 2024.

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Judge blasts ‘absurd’ terms in pelvic mesh class action settlement offer
Class Actions 2021-08-06 11:09 pm By Cat Fredenburgh

A judge has slammed an “absurd” class action settlement offer made by pelvic mesh device maker Astora Women’s Health that would require Shine Lawyers to provide the company with indemnities, saying “no rational judge” would approve it.

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Lawyer who admitted to professional misconduct loses bid for costs from public fund
Legal Ethics 2021-08-06 5:10 pm By Miklos Bolza

A solicitor who admitted to allegations of professional misconduct has lost a NSW Court of Appeal bid for the costs of a NCAT proceeding to be paid from the stateā€™s Public Purpose Fund, despite twice winning appeals of the tribunal’s findings.

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Jailed former mayor a ‘reluctant gladiator’ in defamation case against Seven, judge says
Defamation 2021-08-06 4:33 pm By Cindy Cameronne

A judge has dismissed jailed property developer Salim Mehajerā€™s defamation lawsuit against broadcaster Seven, saying delays in fixing significant defects in his case amounted to an abuse of process.

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COVID-19 delays judgment in ACCC’s long-running case against private college Phoenix
Competition & Consumer Protection 2021-08-06 3:37 pm By Miklos Bolza

Sydney’s ongoing COVID-19 lockdown has created “logistical” difficulties delaying the release of a long awaited judgment in the ACCC’s consumer law case against collapsed private college Phoenix Institute, which was accused of misleading students through the marketing of its courses.

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Bristol-Myers Squibb denies claims in Merck Sharp & Dohme’s misuse of market power case
Competition & Consumer Protection 2021-08-06 3:06 pm By Miklos Bolza

Pharmaceutical giant Bristol-Myers Squibb will fight a case brought by Merck Sharp & Dohme alleging misuse of market power over stage IV melanoma treatments, telling the Federal Court on Friday it denied its rival’s claims.

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The Star loses bid to recover COVID-19 losses from insurers
Insurance 2021-08-05 9:39 pm By Miklos Bolza

The Star Entertainment Group will not be able to recoup losses at its casinos and hotels stemming from the COVID-19 pandemic, after a judge found the company’s $4 billion industrial special risks policy did not cover financial losses from government-imposed restrictions.

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TechnologyOne wins challenge to $5.2M judgment in exec’s unfair dismissal case
Employment 2021-08-05 9:29 pm By Miklos Bolza

Australian software company TechnologyOne has succeeded in its challenge to a $5.2 million judgment in an unfair dismissal case by a former high ranking executive, with an appeals court sending the matter back for a retrial.

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Brambles class action ‘sidesteps’ challenge to landmark class closure ruling, judge says
Class Actions 2021-08-05 9:21 pm By Cindy Cameronne

A judge has said the applicant in a class action against Brambles has ā€œside-steppedā€ a challenge to a landmark class closure ruling that found there was no statutory power to shut out unregistered class action members, a decision that he said had ā€œbedevilledā€ the courts.

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