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BPay settles trade mark stoush with crypto platform Be Pay
Intellectual Property 2024-08-15 2:00 pm By Andy Sidler

The crypto platform formerly known as Be Pay Australia has settled a trade mark infringement suit by BPay after court-ordered mediation, changing its name and paying $50,000 toward the legal costs of the bill payments giant.Ā 

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Judges not constrained by unconscionable conduct checklist, High Court finds
Competition & Consumer Protection 2024-08-14 11:56 pm By Cat Fredenburgh

The High Court has rejected an appeal by Captain Cook College of a finding that it engaged in systemic unconscionable conduct by enrolling thousands of unsuitable students, finding courts are not constrained by factors the consumer law says it “may consider” in deciding if conduct rises to the level of unconscionability.

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ASIC suit alleges ASX made misleading statements about CHESS replacement
ASIC 2024-08-14 10:49 am By Sam Matthews

The corporate regulator has taken market operator ASX to court for allegedly making misleading statements about the replacement project for its CHESS share register, including that the project was on track to go live in April 2023.Ā 

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High Court upholds court’s power to set aside arbitration ruling in $130M spat with Chevron
High Court 2024-08-14 10:42 pm By Sam Matthews

The High Court has rejected an appeal from a joint venture that provided work on Chevron’s Gorgon liquified natural gas project that argued the Western Australia appeals court lacked power to uphold a ruling that set aside an arbitration ruling in a $130 million dispute over the project.

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Accenture shuts down reporting of former HR exec’s employment case
Employment 2024-08-14 11:30 pm By Cindy Cameronne

Accenture has succeeded in a bid to keep a lid on court documents in a Fair Work claim by a former human resources executive ahead of mediation — the second recent suppression order of its kind made by the Federal Court.

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Johnnie Walker wins trade mark fight over McGuigan Wines’ Black Label
Intellectual Property 2024-08-13 11:40 pm By Andy Sidler

Australian wine company McGuigan has lost its bid to trade mark ‘Black Label’ for its wine after Johnnie Walker, which makes the popular Black Label whiskey, successfully argued it would cause consumer confusion.

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Repped by firm on winning streak, Boral takes shareholder class action to trial
Trials 2024-08-12 11:20 pm By Christine Caulfield

Buoyed by the recent trial success of CBA and other companies facing shareholder ire, building materials giant Boral is taking its chances at a hearing in a class action alleging disclosure breaches linked to its US windows business.

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Judge approves $230M settlement in junior doctors class action
Class Actions 2024-08-12 12:47 pm By Christine Caulfield

A judge has signed off on a $230 million settlement of a class action on behalf of thousands of junior doctors who allege they were systemically underpaid by the NSW government.

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Solicitor found guilty of misconduct for emails to Mills Oakley partner to be struck from roll
Legal Ethics 2024-08-12 10:44 pm By Sam Matthews

A tribunal has recommended that a Sydney solicitor be struck from the roll after finding him guilty of professional misconduct for sending numerous profane emails to a Mills Oakley solicitor during a dispute, noting the ā€œunrelenting stream of discourteous, insulting or offensive correspondenceā€ directed to the tribunal.Ā 

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GSK defeats Novadart trade mark for generic rival to prostate drug Avodart
Intellectual Property 2024-08-12 11:47 pm By Andy Sidler

A GlaxoSmithKline unit has defeated Nova Pharmaceuticals’ bid to trade mark ‘Novadart’ for a generic version of the British company’s market-leading drug prostate drug ‘Avodart’, with a delegate finding the mark would cause consumer confusion.

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