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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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Franchisee class action against Hog’s Breath Cafe thrown out
Class Actions 2024-01-30 5:25 pm By Cindy Cameronne

A judge has dismissed a franchisee class action against the Hog’s Breath Cafe restaurant chain after the lead applicants failed to hand over $1.23 million in security for costs.

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Contingent nature of deal with law firm no excuse for liquidator’s late approval bid: court
Restructuring & Insolvency 2024-01-30 11:28 pm By Cindy Cameronne

A judge has refused to retroactively approve a conditional costs agreement between a liquidator and a Sydney law firm to pursue claims against a former director and employee of defunct project management firm AJW, rejecting as misconceived the claim that approval had utility only after a settlement.

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No scope in Patents Act for holding directors jointly liable for unjustified threats: court
Intellectual Property 2024-01-29 3:33 pm By Cindy Cameronne

A letter by King & Wood Mallesons was an unjustifiable threat of patent litigation against car accessories company Clearview, as was an announcement by the firm’s client MSA, but MSA’s director cannot be held liable as a joint tortfeasor under the Patents Act, a judge has found.

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Canberra developers can’t muzzle ASIC over disqualification
Real Estate 2024-01-25 10:24 pm By Cindy Cameronne

Two former directors of a Canberra property development group have lost their bid to bar ASIC from announcing their disqualification, with a tribunal finding this would keep financiers and creditors “in the dark” and make the market less transparent.

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