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Afterpay can’t block iSignthis from trade marking ‘Clearpay’ for ASX rival
Intellectual Property 2024-03-04 10:13 pm By Cat Fredenburgh

Afterpay has failed to block fintech iSignthis from registering ‘Clearpay’ as a trade mark for its blockchain-based trading system, with an IP Australia delegate finding Afterpay had failed to prove it used ‘Clearpay’ for its buy now, pay later services outside of the UK.

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Hells Angels wins $100 in damages for Redbubble’s trade mark infringement
Intellectual Property 2024-03-04 10:59 pm By Sam Matthews

Online marketplace Redbubble has succeeded on appeal in cutting down the damages it owes to Hells Angels from over $78,000 to just $100, following a finding that it violated the motorcycle group’s trade marks.

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Judge says international passengers can board Scenic Tours class action
Class Actions 2024-03-01 4:45 pm By Sam Matthews

A judge has rejected Scenic Tours’ bid to declass a second class action brought by disappointed passengers on a series of European cruises and exclude international customers from the proceeding.

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Ultra Tune found guilty of contempt, hit with record $1.5M fine
Competition & Consumer Protection 2024-03-01 9:27 am By Cindy Cameronne

A judge has handed Ultra Tune a $1.5 million fine for contempt, saying the car repair franchise failed to meet the requirements of a court-ordered compliance program, instituted after the company copped a $2 million fine for contravening its disclosure obligations to franchisees.

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Slater & Gordon can delay fight over security in shareholder class action
Class Actions 2024-03-01 5:51 pm By Sam Matthews

A judge has allowed Slater & Gordon to adjourn a fight about security for costs in a shareholder class action against Beach Energy until it has more favourable evidence of its debt financing position, over the energy company’s objection to the “doctrinally unprecedented” application.

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Law firm wins 30% contingency fee rate in IAG shareholder class action
Class Actions 2024-02-29 11:50 pm By Christine Caulfield

The law firm behind a class action against Insurance Australia Group has secured a group costs order that will give it 30 per cent of any proceeds — a contingency fee rate six percentage points higher than the median rate for shareholder cases.

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ASIC wins appeal over funeral insurer’s ‘Aboriginal-owned’ representations
Appeals 2024-02-29 11:18 pm By Cat Fredenburgh

The Full Federal Court has found it was “abundantly clear” on the evidence before a trial judge that funeral expenses insurance provider ACBG misrepresented to Aboriginal customers that it was Aboriginal owned or managed, but found ASIC contributed to the error with its bad pleadings.

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Queensland court finds COVID-19 vaccine directive unlawful
COVID-19 2024-02-28 5:28 pm By Cindy Cameronne

The Supreme Court of Queensland has found that a 2021 direction for police officers to receive the COVID-19 vaccination was unlawful and a similar mandate for ambulance service workers had no effect.

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Judge orders soft class closure in ‘junk’ insurance class action
Class Actions 2024-02-28 10:40 pm By Cat Fredenburgh

A judge has ordered soft class closure in a class action against Suncorp unit AAI over allegedly worthless insurance, saying that knowing how many of the 200,000 group members are likely to participate would assist in resolving the case.

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Lawyer’s belief about paralegal underpayments ‘unreasonable’, judge finds
Employment 2024-02-28 5:19 pm By Cindy Cameronne

A Sydney law firm and its principal have been fined $14,400 for disobeying a Fair Work Ombudsman compliance notice issued for the alleged underpayment of a paralegal, with a judge saying the lawyer’s belief she did not owe any wages was “unreasoned and unreasonable”. 

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