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Full Court finds Bellamy’s cost-capping appeal ‘not strong’, but denies indemnity costs
Class Actions 2019-10-07 4:53 pm By Miklos Bolza

A failed challenge by baby food maker Bellamy’s Australia to a decision rejecting its application to limit legal costs in two class actions was “not strong”, but was not so unreasonable as to put them on the hook for indemnity costs, the Full Federal Court has ruled.

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Fair Work Ombudsman ‘very concerned’ about Subway’s non-compliance
Employment 2019-10-01 8:11 pm By Amelia Birnie

The Fair Work Ombudsman says she is “very concerned” by the level of non-compliance with workplace laws by national sandwich franchise Subway, as inspectors recover another $80,000 in unpaid wages on behalf of more than 150 employees.

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Yes whey: ACCC signs off on Saputo-Lion dairy acquisition
Competition & Consumer Protection 2019-09-26 12:30 pm By Amelia Birnie

The competition watchdog has given Canadian dairy producer Saputo the green light to acquire Australian competitor Lion Dairy’s cheese processing plants, but has warned any further consolidation in the Tasmanian dairy sector would cause significant concern.

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James Estate Wines liquidator wins court OK to pursue $57M lawsuit against ANZ
Restructuring & Insolvency 2019-09-24 9:00 pm By Miklos Bolza

The special purpose liquidator appointed to four companies in the collapsed James Estate Wines group has been given the go-ahead by a judge to enter into a litigation funding arrangement with the conglomerate’s former director and pursue $57.1 million in potential claims against ANZ Banking Group.

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I can’t believe it’s not milk: Vitasoy wins right to trade mark ‘Growing Milk’ slogan
Intellectual Property 2019-09-24 4:32 pm By Amelia Birnie

Dairy giant Fonterra has lost its bid to stop Vitasoy from registering its slogan ‘Growing Milk Since 1940’ as a trade mark, after unsuccessfully arguing that consumers would be misled by the lack of animal milk in Vitasoy’s soy and almond milk products.

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High Court asked to take up personal leave case after shift workers’ victory
Employment 2019-09-16 9:40 pm By Christine Caulfield

The Federal Government wants the High Court to weigh in on a landmark ruling last month that found food manufacturing giant Mondelez was short-changing its Tasmanian shift workers on their personal leave entitlements under the Fair Work Act.

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Aldi’s lack of booze rep dooms opposition to ‘Alby’ craft beer trade mark
Intellectual Property 2019-09-10 5:22 pm By Miklos Bolza

Aldi has failed in its attempt to block applications for three ‘Alby’ trade marks filed by a Western Australian craft brewery, thanks to the supermarket chain’s lack of reputation for selling beer in Australia.

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Chilled meals deal gets frosty reception from ACCC
Competition & Consumer Protection 2019-09-05 12:02 pm By Christine Caulfield

The competition regulator is opposing a deal to combine two of Australia’s largest manufacturers of chilled ready meals, and fired a warning shot to companies and administrators who fail to ensure the watchdog is notified of deals with close competitiors.

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Bellamy’s interests protected without class action cost-capping, Full Court says
Appeals 2019-08-28 8:27 pm By Christine Caulfield

Concerns about duplicative costs in multiple class actions are better addressed by case management decisions aimed at cutting excessive expense, not by limiting the amount lawyers representing group members can spend, the Full Federal Court has said in dismissing an appeal by baby food maker Bellamy’s.

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Full Court tosses Bellamy’s class action cost-capping appeal
Appeals 2019-08-26 9:42 pm By Cat Fredenburgh

Bellamy’s has lost its appeals court battle to limit the costs incurred by lawyers jointly running two shareholder class actions against the baby food maker.

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