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Monster Energy challenges loss of ‘Motherland’ trade mark
Intellectual Property 2021-02-02 2:34 pm By Cat Fredenburgh

Monster Energy, which makes Mother brand energy drinks, has appealed a ruling from IP Australia that granted rival caffeinated beverage maker Vittoria Food & Beverage’s application for the removal of Monster’s ‘Motherland’ trade mark for non-use.

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Chau Chak Wing awarded $590,000 in defamation case against ABC, Nine
Defamation 2021-02-02 12:51 pm By Miklos Bolza

Chinese businessman Dr Chau Chak Wing has been awarded $590,000 in a Federal Court judgment that found an ABC Four Corner’s report contained “untrue and seriously defamatory imputations” about alleged espionage, bribery of UN leaders, and links to the Chinese Communist Party.

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Funder likens itself to pinata in hearing over $9.5M class action settlement
Class Actions 2021-02-01 7:15 pm By Spencer Fowler Steen

The funder behind a class action against McMillan Shakespeare has warned against the court beating it up like a ‘pinata’ in a settlement approval hearing in which the judge expressed “real concerns” about the portion of a $9.5 million settlement earmarked for group members.

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Judge was wrong to ignore pelvic mesh doctors, J&J says in high-stakes appeal
Appeals 2021-02-01 6:53 pm By Miklos Bolza

The judge who found J&J’s pelvic mesh implants defective in a high stakes class action ruling mde a “pervasive error” in disregarding the knowledge and views of the applicants’ doctors, an appeals court has heard. 

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Computer-implemented invention fails again to pass patent test
Intellectual Property 2021-02-01 3:35 pm By Spencer Fowler Steen

The Federal Court has once again sided with the Commissioner of Patents in a challenge to a ruling that patents for a computer-implemented invention did not describe a manner of manufacture and should be revoked.

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Judge refuses class action’s bid to amend forex cartel case against banks
Class Actions 2021-02-01 3:24 pm By Christine Caulfield

A judge has sided with five investments banks and rejected a bid to amend a class action alleging a series of cartel agreements to rig foreign exchange rates, saying there were “substantial problems” with the proposed pleadings.

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AMA Group’s Andrew Hopkins steps down as CEO, drops court action
Employment 2021-02-01 11:01 am By Spencer Fowler Steen

Andrew Hopkins has resigned from his position as group CEO of automotive repair firm AMA and has discontinued his lawsuit against the company despite a Federal Court injunction barring his dismissal amid allegations of fraud.

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One Nation staffer suffers setback in fight over $4.5M legal bill
Employment 2021-01-29 10:58 pm By Spencer Fowler Steen

A judge has rejected a judicial review request by One Nation chief-of-staff James Ashby who sought to have the Commonwealth foot the bill for nearly $4.5 million in legal costs stemming from a dropped sexual harassment case against former House speaker Peter Slipper.

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Concerns about courts wading into funding commission rates ‘exaggerated’, judge says
Class Actions 2021-01-29 10:08 pm By Christine Caulfield

Concerns behind criticism that courts aren’t equipped to assess a class action funder’s commission are exaggerated, and the fixing by judges of reasonable remuneration, at least in other cases, is nothing new, a Federal Court judge has said.

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ASIC secures court order to wind up Mayfair 101 unit
Restructuring & Insolvency 2021-01-29 10:07 pm By Christine Caulfield

A judge has ordered the winding up of M101 Nominees, the issuer of $67 million in notes promoted by James Mawhinney’s failed Mayfair 101, which is alleged to owe investors over $211 million.

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