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Asiago producers’ arguments against Sartori cheese trade mark stink, delegate finds
Intellectual Property 2024-08-06 11:38 pm By Sam Matthews

IP Australia has rejected an Italian cheese lobby’s bid to block an American cheese maker from using a trade mark containing the word ‘asiago’, saying there was “very little evidence” Australians were aware of the cheese at all.

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In boon for class action, judge finds Noumi’s shares traded at inflated price
Securities 2024-08-05 10:08 pm By Cat Fredenburgh

A judge has signed off on an agreed-to $5 million penalty against Noumi in ASIC proceedings for violating its continuous disclosure obligations and found the food company’s non-disclosures caused it shares to trade at an inflated price.

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Sushi Bay cops $15M penalty for ‘shameless’ bid to conceal underpayments
Employment 2024-08-05 11:33 pm By Andy Sidler

Now-defunct sushi chain Sushi Bay has been slapped with penalties totalling more than $15 million, with a court calling its long history of staff underpayments “calculated” and “audacious”.

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Lendlease can’t argue Qld law doesn’t apply to work on NSW side of Gold Coast Airport
Construction 2024-08-05 11:46 pm By Sam Matthews

A judge has rejected Lendlease’s argument that Queensland building legislation does not apply to cross-border works carried out at Gold Coast Airport, saying the builder’s construction of the law would require a “bolt-by-bolt” analysis of construction work.

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Firm accused of copying rivals’ class action pleadings loses IC Markets beauty parade
Class Actions 2024-08-02 10:13 am By Cat Fredenburgh

Two judges have declined to award carriage of a class action against International Capital Markets over risky derivative products to a firm accused of plagiarising its rivals’ pleading.

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Lawyer dodges personal costs order over delays in $54M case against Mirvac
Construction 2024-08-01 11:09 pm By Cindy Cameronne

A law firm partner has avoided personal liability for costs after expert reports were filed late in a dispute with developer Mirvac over alleged defects in a Sydney apartment complex, having walked back an appeal to “competing commitments” that didn’t wash in court. 

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Solicitors can’t be targets of investigation into paralegals doing legal work, court finds
Legal Ethics 2024-08-01 11:29 pm By Andy Sidler

The Legal Practice Board’s decision to audit lawyers at a compensation firm following a complaint about paralegals allegedly engaging in unqualified legal practice has been quashed, with a court finding the law didn’t permit investigation of individual solicitors.

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Firm to foot Monsanto’s legal bill in Roundup class action, but costs order limited
Class Actions 2024-07-31 11:30 pm By Cindy Cameronne

Plaintiff firm Maurice Blackburn will foot the bill for the unsuccessful class action against Monsanto over weed killer Roundup, but the company’s reluctance to split the trial in two has come back to bite it.

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Former EY partner loses $1M share dispute against National Tiles
Securities 2024-07-30 3:03 pm By Cindy Cameronne

A former EY partner and ousted board member at National Tiles has lost his $1 million claim alleging the company breached implied terms in a contract by requiring him to sign a “draconian, unreasonable and unacceptable” share agreement.

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Don’t leave it to the court: Judge urges parties to remember legal costs in settlement talks
Employment 2024-07-30 11:25 pm By Cindy Cameronne

A judge overseeing a dispute over an employer’s confidential information has urged litigants to remember their legal costs at an early stage of settlement negotiations, rather than leaving it to the court as the “default option”. 

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