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Atradius can’t bring late $1.5B claim over Arrium administration
Restructuring & Insolvency 2023-05-03 10:25 pm By Cindy Cameronne

Insurer Atradius has lost its bid to bring a $1.5 billion (US$1 billion) case against four KordaMentha liquidators and 60 financiers of the Arrium group alleging they failed to act under a duty of utmost good faith when agreeing on how to divvy up sale proceeds for several entities.

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GetSwift director can’t be located for service of suit by ex-Demons teammate
Securities 2023-05-02 3:23 pm By Sam Matthews

GetSwift director Joel Macdonald cannot be located for service of a $15 million lawsuit by his former Melbourne Demons teammate James Strauss, a court has heard.

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Judge throws cold water on Fairy’s ’30 Minute Miracle’ launch
Competition & Consumer Protection 2023-05-01 9:09 pm By Sam Matthews

A judge has hit the maker of Fairy dishwashing products with an interim injunction that will disrupt the launch of its 30 Minute Miracle detergent, after finding consumer claims by the maker of Finish dishwashing products had a strong prospect of success.

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Lauren Cranston jailed for eight years for Plutus tax fraud
White Collar 2023-05-01 5:45 pm By Sam Matthews

The daughter of a former ATO boss has been sentenced to eight years imprisonment over her role in an $105 million tax fraud involving payroll services company Plutus Payroll, with a judge finding she showed ā€œno contritionā€ for her conduct.

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Singer Katy Perry loses trade mark stoush with Aussie designer
Intellectual Property 2023-04-27 2:44 pm By Cindy Cameronne

In what a judge has dubbed a ā€œtale of two women, two teenage dreamsĀ and one nameā€, US pop star Katy Perry has lost her bid to cancel the ā€œKatie Perryā€ trade mark owned by an Australian designer and has been barred her from using her stage name to market clothing merchandise.Ā 

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Lawyer who filed defence in losing case wins appeal of personal costs order
Appeals 2023-04-27 3:13 pm By Christine Caulfield

A lawyer’s role in litigation is not to draw conclusions on the existence of facts or the outcome of a case, an appeals court has ruled in throwing out a personal costs order against a solicitor for filing a defence in a case his client ultimately lost.

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IP Australia shreds cheese makers’ opposition to ‘parmesan’ trade mark
Intellectual Property 2023-04-27 10:00 pm By Cat Fredenburgh

A consortium of parmigiano reggiano producers has lost its opposition to registration of a parmesan trade mark in Australia by an international group dedicated to protecting common names from being monopolised.

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Scenic Tours can cross-examine group members in cruise class action
Class Actions 2023-04-26 10:55 pm By Cat Fredenburgh

A judge has ruled Scenic Tours can cross-examine class action members without seeking approval from referees, who will oversee a process for assessing amounts owed to them, after the tour operator mostly lost its appeal of a judgment that put it on the hook for damages to disappointed cruise goers.

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Class action plaintiffs get same relief from limitation periods as group members: judge
Class Actions 2023-04-24 10:54 am By Cindy Cameronne

A judge has found that lead plaintiffs in a class action by commercial fishing operations against Gladstone Ports can bring new claims out of time, saying it would be ā€œgrossly inconsistentā€ if group members had broader limitation relief than representative parties.

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Scenic Tours can’t dodge $10M damages ruling in cruise class action
Competition & Consumer Protection 2023-04-20 10:45 pm By Sam Matthews

Cruise operator Scenic Tours is stuck with a $10 million damages bill but has avoided paying for disappointed travellerā€™s flights, after an appeals court mostly rejected its appeal of an award to travellers who were promised a ā€œonce in a lifetime cruise along the grand waterways of Europeā€ but were instead forced to take the bus.

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