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Useless to continue $400M underpayments class action against Tandem, judge says
Class Actions 2023-06-19 11:18 pm By Cat Fredenburgh

A judge has approved the discontinuance of an underpayments class action against Tandem, saying it would be “inutile” to press forward with the case after the telco contractor entered administration.

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Bid for security in Shine’s no win, no fee cruise class action may not be ‘hopeless’
Class Actions 2023-06-15 11:47 pm By Cat Fredenburgh

Shine Lawyers has been ordered to hand over its costs agreement with the lead applicant in a class action over norovirus outbreaks on Carnival’s Sun Princess cruise ship, amid a likely plan by the cruise operator to seek security for costs in the no win, no fee class action.

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Full Court won’t weigh in on ASIC’s power to seek penalties for Credit Code violations
Financial Services 2023-06-15 10:00 pm By Gareth Baker

Sunshine Loans has lost its bid to have the Full Court weigh in on ASIC’s authority to seek penalties for Credit Code violations, in proceedings accusing the online lender of charging over $320,000 in prohibited fees. 

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L’Oreal loses rights to use Elvive trade mark for beauty products
Intellectual Property 2023-06-13 6:00 pm By Gareth Baker

Skincare giant L’Oreal has lost the rights to use a 23-year-old trade mark for branding some of its products, after a competitor successfully campaigned IP Australia to strike it from the register for non-use. 

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Seven loses stoush with 7-Eleven over ‘7NOW’ trade mark
Intellectual Property 2023-06-08 11:38 pm By Gareth Baker

Seven Network has lost its effort to stop convenience chain 7-Eleven from using a contested logo even though Seven had registered the trade mark first, with a court finding the broadcaster sat on the mark for too long before using it. 

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Clive Palmer can’t quash CITIC subpoenas over sale of nickel refinery in $1.8B case
Energy & Natural Resources 2023-06-07 11:56 pm By Gareth Baker

Mining magnate Clive Palmer and his company Mineralogy have lost a bid to block subpoenas asking their advisors to hand over information regarding the sale of Townville’s Yabulu nickel and cobalt refinery, as part of a $1.8 billion fight over the value of the site.   

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Insurers on hook for combustible cladding claims against builder LU Simon
Insurance 2023-06-06 3:14 pm By Cindy Cameronne

A judge has found insurers must cover claims against builder LU Simon Builders over alleged combustible cladding in Melbourne’s Atlantis Towers after a judge found the owners were “obvious candidates” to bring legal action.

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Dell admits duping customers about price of add-on monitors, says sorry
Competition & Consumer Protection 2023-06-06 3:14 pm By Gareth Baker

Dell Australia has apologised to consumers and admitted misleading those who purchased add-on computer monitors by inflating the pre-discount price, sometimes to more than the product’s normal retail value.

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Ben Roberts-Smith not ‘honest and reliable’, had motives to lie, judge says
Defamation 2023-06-05 5:07 pm By Cat Fredenburgh

A judge has published his reasons for tossing Ben Roberts-Smith’s defamation lawsuits over publications accusing him of war crimes, saying the former SAS corporal was not “honest and reliable”.

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Judge finds Ben Roberts-Smith committed war crimes, tosses defamation claims
Defamation 2023-06-01 2:43 pm By Cindy Cameronne

Former SAS corporal Ben Roberts-Smith has lost his defamation case against Nine-owned Fairfax, with a judge finding Thursday it was true that Australia’s most decorated soldier committed civilian murders in Afghanistan.

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