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Full Court revives Finish Powerball trade marks, but it’s not a clean victory
Intellectual Property 2024-02-16 4:56 pm By Cindy Cameronne

The maker of Finish dishwashing products, RB Hygiene, has won a partial appeal in a trade mark stoush with rival Henkel, with the Full Court reviving two of its trade marks but rejecting its challenge to a logo for competing Somat-branded products.

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Mazda ordered to pay $11.5M for ‘appalling’ customer service
Competition & Consumer Protection 2024-02-14 3:26 pm By Cat Fredenburgh

Mazda has been ordered to pay $11.5 million after a court found the Japanese car maker engaged in “appalling” customer service and misled nine purchasers of defective vehicles about their entitlement to a refund or replacement under the Australian Consumer Law.

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Freight operators have a cow over port direction holding up vessel with $5.2M in cattle
Agriculture 2024-02-09 9:06 pm By Sam Matthews

Two marine freight companies have lost a fight with a local council which refused to allow it to unload 3,000 head of cattle at Apollo Bay in Victoria, with a judge finding they were “the architects of their own misfortune” for striking a deal with a beef company before securing permission to berth at the port. 

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Detainees to launch class action against government in Federal Court
Human Rights 2024-02-08 11:34 pm By Cindy Cameronne

Asylum seekers who were put in immigration detention in South Australia can transfer their cases to the Federal Court to run their claims as a class action accusing the federal government of negligence and unlawful detention.

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Judge makes no bones about trashing ‘Melbourne bone and joint clinic’ trade mark
Intellectual Property 2024-02-08 1:45 pm By Sam Matthews

A Melbourne orthopaedic clinic has lost its bid to register the name ‘Melbourne Bone and Joint Clinic’ as a trade mark, with a judge finding the phrase was just an ordinary combination of words. 

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Judge approves 27.5% GCO in ‘complex’ Medibank class action
Class Actions 2024-02-06 10:23 pm By Sam Matthews

A judge has signed off on a 27.5 per cent group costs order in a consolidated shareholder class action against Medibank over a cyberattack that affected 10 million customers, noting the “significant risk” taken on by the two plaintiff law firms running the action. 

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‘Very large indeed’: DePuy class action settlement administration costs top $13M
Class Actions 2024-02-01 5:43 pm By Sam Matthews

A judge has signed off on a bill that brings the total settlement administration costs in a class action against Johnson & Johnson unit De Puy to over $13 million, amid a push by some judges to open the settlement administration gig up to competition.

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Rio Tinto shielded by war sanctions from wrath of Russian aluminium producer
Energy & Natural Resources 2024-02-01 4:17 pm By Cindy Cameronne

Russia’s largest aluminium producer UC Rusal has lost a breach of contract lawsuit brought against six Rio Tinto companies after they refused to deliver alumina under a joint venture agreement on the basis that doing so would cause them to run afoul of export sanctions imposed after Russia invaded Ukraine.

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‘Nothing that I can do’: Judge reluctantly imposes $1.8M penalty on Westpac in Ausgrid case
Financial Services 2024-01-31 12:41 pm By Cindy Cameronne

A judge has reluctantly hit Westpac with a $1.8 million penalty after the bank admitted to unconscionable conduct when trading on the morning of a $16 billion deal to privatise electricity provider Ausgrid, saying it was the maximum fine allowed under the relevant law.

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New owners of Nature’s Care face Wu family’s ‘nasty surprise’
Corporate 2024-01-31 10:57 pm By Cindy Cameronne

The current owners of vitamin giant Nature’s Care have won an urgent injunction against the company’s founding family, after a judge said it appeared they were trying to regain control of the corporate group.

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