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Delegate slams door on REA Group’s home loans trade mark
Intellectual Property 2019-09-02 8:22 pm By Miklos Bolza

A mortgage broker has successfully opposed REA Group’s application to trade mark “realestate.com.au Home Loans”, with a delegate finding the mark is not adapted to distinguish REA’s online services.

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Credit Suisse unit can’t strike out pleadings in investors’ case over MINIs
Financial Services 2019-09-02 3:16 pm By Christine Caulfield

A Credit Suisse unit has lost a bid to strike out portions of a case launched by a group of investors over financial products known as MINI warrants, with a judge saying the claims were not untenable as argued.

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Merck wins docs from Wyeth ahead of hearing on reopening Prevnar 13 trial
Intellectual Property 2019-08-30 10:51 pm By Cat Fredenburgh

Merck Sharp & Dohme has emerged victorious in a battle over documents with Wyeth, as the parties gear up for a hearing on Wyeth’s request to reopen a trial over three patents for its Prevnar 13 pneumococcal vaccine.

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Lawyers breached duty to client with ‘sharply’ conflicting interests, appeals court rules
Legal Ethics 2019-08-30 9:54 pm By Amelia Birnie

A Sydney law firm has been ordered to pay hundreds of thousands of dollars in compensation and restitution for breach of its fiduciary duties, after a former client successfully appealed a conflict of interest case.

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Lloyd’s says court has no power to let Pitcher Partners class actions eyeball insurance policies
Insurance 2019-08-30 9:23 pm By Miklos Bolza

Two units of global insurer Lloyd’s have launched a constitutional challenge to a Federal Court order requiring accounting firm Pitcher Partners to hand over certain insurance documents in two shareholder class actions.

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Top-tier firm must pay $500K to billionaire for negligence over ‘critical omission’
Legal Ethics 2019-08-30 6:21 pm By Amelia Birnie

A top-tier Australian law firm has been ordered to pay more than half a million dollars in damages for professional negligence, after its billionaire client alleged losses of almost $US37 million following a “critical omission” in legal advice.

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Funder booted from Banksia class action settlement scheme after intimidation claims
Class Actions 2019-08-30 5:02 pm By Miklos Bolza

A judge has removed the funder and law firm leading the Banksia Securities class action from their roles supervising a proposed settlement distribution scheme after the funder was accused of intimidation, a lack of experience and charging excessive costs.

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Crown can appeal ruling that freed Chinese employees to talk to lawyers
Appeals 2019-08-29 10:28 pm By Christine Caulfield

Crown Resorts has been given the greenlight to challenge a court order allowing former employees to talk to lawyers for a class action over its business in China, but the class has another chance to make its case that the ruling should stand.

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Israel Folau claims termination of rugby contract was restraint of trade
Employment 2019-08-29 9:59 pm By Miklos Bolza

Former Wallabies player Israel Folau has argued that the termination of his $5.7 million contract by a Rugby Australia Tribunal over social media posts in which he made a homphobic slur was an unreasonable restraint of trade.

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Third judge in Norton Rose ex-partner dispute refuses to step down amid accusations of ‘absurdly obtuse’ bias
Employment 2019-08-29 9:39 pm By Amelia Birnie

The third judge assigned to oversee a lawsuit filed against law firm Norton Rose Fulbright by a former partner has refused to recuse himself on the grounds of apprehended bias, despite being accused of behaviour that was “grossly disrespectful”, “absurdly obtuse” and “fundamentally lacking in logic”.

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