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ACCC appeals loss in Employsure case over Google ads, keywords
Appeals 2020-10-29 5:13 pm By Cat Fredenburgh

The ACCC has lodged an appeal after a judge threw out its case against Employsure alleging the specialist workplace relations consultancy duped small businesses into signing long-term contracts via several Google ads that promised free workplace advice which appeared to be government-affiliated.

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7-Eleven says courts have no power to ever make a common fund order
Class Actions 2020-10-27 11:51 pm By Christine Caulfield

The High Court majority’s reasoning in the decision nixing common fund orders at an early stage of a class action leads “inexorably and inevitably” to the conclusion that there is no power to make such an order at any time in a proceeding, counsel for 7-Eleven has told an appeals court.

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‘Big fat CFO’ incentives would distort class action scheme, BMW tells court
Class Actions 2020-10-27 8:48 pm By Miklos Bolza

Luxury car maker BMW has told the NSW Court of Appeal that the courts do not have power to make common fund orders at any stage of a group proceeding, arguing that such orders would distort the scope of the class action regime by encouraging litigation funders to pursue lawsuits.

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Rabbi loses appeal in defamation case over Royal Commission comments on child sex abuse
Appeals 2020-10-26 10:52 pm By Cat Fredenburgh

A Sydney rabbi who told the Royal Commission into Child Sexual Abuse that he did not know touching a child’s genitals was a crime has lost his appeal of a ruling throwing out defamation proceedings he brought against Nationwide News and SBS.

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Worley prevails in rare judgment dismissing shareholder class action
Class Actions 2020-10-22 10:01 am By Christine Caulfield

A judge has sided with Worley in a ruling tossing a class action after a trial alleged the engineering company misled shareholders and breached disclosure rules by issuing an overly positive earnings guidance of $322 million for the 2014 financial year.

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Judges unclear about Johnson & Johnson unit’s arguments in pelvic mesh appeal
Appeals 2020-10-23 2:57 pm By Miklos Bolza

A judge due to hear a high profile appeal by Johnson & Johnson unit Ethicon has expressed confusion about the grounds on which the medical device maker is challenging a landmark judgment putting it on the hook for potentially hundreds of million of dollars in damages over faulty pelvic mesh implants.

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‘Aussies Not Gonna Cop It’ birthed in pre-dawn session at bedside, Clive Palmer tells court
Intellectual Property 2020-10-22 3:06 pm By Miklos Bolza

Billionaire Clive Palmer has claimed that he wrote the lyrics to ‘Australia’s Not Gonna Cop It’ in the early hours of the morning while “deep in contemplation” at his bedside, telling the Federal Court that the song was inspired by the Peter Finch film ‘Network’ and not Twisted Sister’s rock anthem.

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‘O Come, All Ye Faithful’ inspired Twisted Sister rock anthem, Dee Snider admits
Trials 2020-10-20 1:27 pm By Miklos Bolza

Heavy metal singer Dee Snider has admitted under cross-examination that ‘O Come, All Ye Faithful’ influenced Twisted Sister’s rock anthem ‘We’re Not Gonna Take It’ but denied that he had “borrowed” elements of the Christmas carol for the 1985 hit.

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Sydney lawyer can’t delay appeal in sports betting class action
Appeals 2020-10-20 12:31 pm By Cat Fredenburgh

A Sydney lawyer has lost her bid to vacate an upcoming hearing in her appeal of a judge’s finding that investors who sank $12.3 million into a fraudulent sports betting scheme run by convicted conman Peter Foster lost money because of her failure to come forward with the truth.

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Game over for Monster Energy’s opposition to ‘Monster Strike’ trade mark
Intellectual Property 2020-10-19 9:49 pm By Cat Fredenburgh

A judge has shot down Monster Energy’s opposition to Japanese software company Mixi registering the ‘Monster Strike’ trade mark in Australia for its popular video game of the same name, the second judge to find the energy drink maker’s standalone ‘Monster’ mark does not have a significant reputation in Australia.

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