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CBA says ‘non-existent’ chance it will make admissions in ASIC’s conflicted remuneration case
Financial Services 2021-03-11 7:27 pm By Cindy Cameronne

The Commonwealth Bank of Australia has told a judge there’s no chance it will admit to ASIC’s allegations that it accepted conflicted remuneration through the sale of its Essential Super product, likening the matter to ASIC’s failed ‘Wagyu and shiraz’ case against Westpac.

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Full Court dashes Bendigo and Adelaide Bank’s hopes of saving ‘community bank’ trade mark
Intellectual Property 2021-03-11 4:47 pm By Cat Fredenburgh

Bendigo and Adelaide Bank has lost its appeal of a ruling that revoked its 22-year-old ‘community bank’ trade mark, with the Full Federal Court agreeing that the phrase has an ordinary signification and cannot be trade marked for the bank’s services.

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Katy Perry ‘cannot avoid discovery process’ in trade mark dispute, court told
Intellectual Property 2021-03-11 11:49 am By Cindy Cameronne

A fight is brewing over allegedly deficient discovery provided by pop star Katy Perry in her trade mark dispute with Sydney fashion designer Katie Perry, with a judge hearing that text messages from the singer’s phone that may be relevant to the case have not been handed over.  

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‘Insureds are not only risks; they are people’: Judge slams TAL’s treatment of cancer patient’s claim
Chief Justice James Allsop 2021-03-10 10:28 pm By Cindy Cameronne

In another victory for ASIC in a case stemming from the banking royal commission, a judge has ruled that TAL Life Limited breached the Insurance Contracts Act after denying coverage to a cancer patient and threatening to recover $24,000 it had already paid to her.

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Can artificial intelligence be named inventor of a patent? Federal Court to rule
Intellectual Property 2021-03-10 5:48 pm By Miklos Bolza

The Federal Court is set to determine whether artificial intelligence can be the inventor of a patent, after an AI pioneer filed a challenge to an IP Australia finding that allowing a machine to be considered an inventor would render the Patents Act incapable of “sensible operation”.

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ATO wins High Court appeal against Travelex over mistaken $149,000 tax surplus
Tax 2021-03-10 3:45 pm By Miklos Bolza

The High Court has ruled that the tax office was not obliged to refund money for tax surpluses mistakenly issued under the GST Act, in a long-running legal dispute between the Commissioner of Taxation and foreign currency exchange Travelex.

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High Court says ‘no one size fits all’ when it comes to competing class actions
Class Actions 2021-03-10 10:18 am By Christine Caulfield

Judges have power to manage competing class actions by picking a winner in a so-called beauty parade, the High Court has ruled, but there is no one size fits all approach to the decision, and the law firm that files first is not guaranteed the coveted prize.

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Appeal filed after judge rejects bid for oral discovery in 7-Eleven class actions
Class Actions 2021-03-09 4:25 pm By Miklos Bolza

The lead plaintiffs in two class actions against 7-Eleven have appealed a decision rejecting the very first Federal Court application for oral discovery, which would have seen four former employees bound by confidentiality agreements give evidence.

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Two law firms can’t rep insurers in $309M dispute over Queensland LNG project
Insurance 2021-03-09 2:16 pm By Miklos Bolza

A judge has found a group of insurers defending a $309 million lawsuit over an Australia Pacific LNG project in Central Queensland cannot be represented by two law firms, saying it would not be in the interests of justice.

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Qantas, Virgin fight to shut down cases over defecting exec
Employment 2021-03-09 2:14 pm By Cindy Cameronne

The first battle in the legal tug of war between Qantas and Virgin over a defecting senior executive will centre on whose lawsuit should be the one to ventilate the dispute, a court heard Tuesday.

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