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Macquarie appeals $330,000 penalty for ‘defective and deficient’ adviser pay system
Financial Services 2021-02-09 6:53 pm By Christine Caulfield

Macquarie Bank is challenging a ruling that it pay $330,000 in pecuniary penalties after it was found to have underpaid a group of former financial advisers because of a “defective and deficient” payment system.

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Soul Pattinson seeks to appeal $1.1M ruling for former finance director
Employment 2021-02-09 6:44 pm By Christine Caulfield

Investment house Washington H. Soul Pattinson is fighting a ruling that it owes its former finance director over $1.1 million in damages after the ASX 100-listed firm terminated the executive without notice and failed to pay out entitlements.

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Tandem gets OK to file rare class action cross-claims against group members
Class Actions 2021-02-09 3:31 pm By Miklos Bolza

A judge has allowed a unit of recruitment firm Tandem to file cross-claims against individual group members in an underpayment class action, in a rare move that may spark important changes in representative proceedings.

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Mobile retailer TeleChoice faces class action over contract spat with Optus
Class Actions 2021-02-08 6:58 pm By Miklos Bolza

A class action by franchisees against mobile and internet retailer TeleChoice will return to the Victoria Supreme Court next week as group members seek commissions they allege have been withheld while the company battles separate litigation against Optus.

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Designer appeals ruling that trendy handbag not a work of artistic craftsmanship
Intellectual Property 2021-02-08 5:27 pm By Cat Fredenburgh

An Australian maker of neoprene handbags sold at high-end retailers has appealed its loss in a copyright dispute over alleged knockoffs, contesting a judge’s finding that its trendy tote is not a work of artistic craftsmanship.

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Goodman Fielder wins ‘La Famiglia’ trade mark dispute
Intellectual Property 2021-02-08 2:58 pm By Spencer Fowler Steen

Australasian food company Goodman Fielder has successfully challenged a bid by Conga Foods and an Italian pasta producer to register the ‘La Famiglia’ trade mark for pasta products.

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Fairfax out of pocket $2.4M after being hit with indemnity costs in Elaine Stead defamation case
Defamation 2021-02-08 2:42 pm By Miklos Bolza

Nine-owned Fairfax will have to pay out over $2 million in legal fees after being hit with indemnity costs on top of a $280,000 judgment in its defamation spat with venture capitalist Dr Elaine Stead for its “Micawber-like” approach to the case.

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Judge rejects class closure bid ahead of mediation in On The Run class action
Class Actions 2021-02-08 12:35 pm By Miklos Bolza

A judge has rejected a class closure order application by the lead applicants in a class action against convenience store chain On The Run ahead of mediation, finding that the court does not have power to make such an order at a “relatively early” stage in a class action.

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‘Completely futile’: ASIC resists mediation push from judge concerned about cost of IOOF trial
Financial Services 2021-02-08 12:25 pm By Spencer Fowler Steen

A judge has ordered ASIC to enter mediation before heading into a “very expensive” trial with an IOOF subsidiary accused of giving shonky advice, over objections from the regulator that mediation would be “completely futile”.

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Sparke Helmore off the hook as IOOF unit loses appeal of $76M judgment
Appeals 2021-02-05 6:34 pm By Miklos Bolza

IOOF subsidiary Australian Executor Trustees failed to drag law firm Sparke Helmore into a case after it was hit with a $76.6 million judgment over breaches of duty in the sale of a 42,000 hectare timber plantation by collapsed forestry giant Gunns Group.

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