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Full Federal Court to rule on common fund order question in 7-Eleven class actions
Class Actions 2020-09-29 2:47 pm By Miklos Bolza

The Full Federal Court will weigh in on whether common fund orders can be made at settlement in two class actions against 7-Eleven, with a hearing scheduled for the same day the NSW Court of Appeal will hear arguments on the unresolved issue.

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Facebook tries again to dodge privacy lawsuit in Australia
Privacy & Cybersecurity 2020-09-29 1:04 pm By Cat Fredenburgh

Facebook will press on with its argument that it can’t be sued in Australia by the country’s privacy commissioner for alleged disclosure of users’ personal data, after a judge found there was enough evidence the social media giant conducted business in the country by installing and operating cookies on the devices of Australia users.

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GetSwift won’t give up bid for judge’s disqualification in class action
Class Actions 2020-09-28 12:24 pm By Christine Caulfield

GetSwift is keeping up its fight to have the judge overseeing a shareholder class action disqualify himself from the proceedings after overseeing the trial in the corporate regulator’s case against the logistics provider.

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What’s the big deal? Hungry Jack’s stands by ‘Big Jack’ burger in face of McDonald’s suit
Intellectual Property 2020-09-25 9:35 pm By Christine Caulfield

Hungry Jack’s is defending its ‘Big Jack’ against trade mark infringement claims by rival fast-food chain McDonald’s, saying the burger’s moniker incorporates its founder’s name with nothing more than a descriptive word for its large size that is “commonly” used by other fast-food restaurants.

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‘Strained and fanciful’: Court tosses Telstra suit over Optus’ ‘more than ever before’ ads
Competition & Consumer Protection 2020-09-25 1:52 pm By Cat Fredenburgh

Telstra has suffered a defeat in its lawsuit accusing competitor Singtel Optus of violating consumer laws with ads claiming it is “covering more of Australia than ever before”, with a judge calling Telstra’s allegations that the ads implied a comparison with other telcos “strained and fanciful”.

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Government rolls back responsible lending laws at centre of failed Westpac case
Financial Services 2020-09-25 1:15 pm By Cat Fredenburgh

The Morrison Government will ease responsible lending laws requiring banks to verify information from credit-seeking consumers, after the corporate regulator’s failed “wagyu and shiraz” case attacking Westpac’s lending practices.

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Nationwide, Devine settle defamation case over Quaden Bayles tweets
Defamation 2020-09-25 11:16 am By Miklos Bolza

Nationwide News and journalist Miranda Devine have agreed to pay a “substantial” sum to settle a defamation lawsuit brought by nine-year old Quaden Bayles over Devine’s retweets of conspiracy theories suggesting a video of Bayles posted on social media following a bullying incident were fake.

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Qantas underpaying staff by ‘setting off’ JobKeeper payments, court finds
Employment 2020-09-24 6:47 pm By Miklos Bolza

The Federal Court has provided clarification as to how the Morrison government’s JobKeeper scheme operates, in a ruling against Qantas Airways that found the airline had incorrectly applied the scheme and underpaid its staff.

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Judge shuts down Boehringer challenge to Merck Sharp & Dohme parasite patent
Intellectual Property 2020-09-24 1:59 pm By Miklos Bolza

Pharmaceutical company Boehringer Ingelheim has failed in its Federal Court challenge to a patent application for an injectable anti-parasite drug for livestock by a subsidiary of competitor Merck Sharp & Dohme.

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Westpac to pay record $1.3B penalty in AUSTRAC action
Financial Services 2020-09-24 9:44 am By Christine Caulfield

Westpac has agreed to pay a whopping $1.3 billion civil penalty to resolve AUSTRAC enforcement action over the bank’s 23 million breaches of money laundering and counter-terrorism laws.

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