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Judge signs off on 24% GCO in a2 Milk shareholder class action
Class Actions 2023-12-20 3:21 pm By Sam Matthews

A judge has approved a 24 per cent group costs order in a consolidated class action against a2 Milk, noting the complexity of the claims against the dairy giant and saying a GCO would align the class action lawyers’ interests with group members’.

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Noumi can’t shield lawyer’s evidence in privilege claim over Ashurst, PwC docs
Class Actions 2023-12-20 11:19 pm By Cindy Cameronne

Noumi has largely lost its bid to shield from a class action parts of its inhouse counsel’s evidence supporting a privilege claim over 3,000 documents seen by Ashurst and PricewaterhouseCoopers during an investigation into the company’s financial position.

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Jan Cameron found guilty of failing to disclose interest in Bellamy’s
White Collar 2023-12-15 10:43 pm By Sam Matthews

Former Bellamy’s Australia director Jan Cameron has been found guilty of two counts of breaching the Corporations Act, following an investigation by the corporate regulator over her failure to disclose her stake in the baby formula company. 

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Nestle, a2 Milk reach settlement in trade mark feud
Intellectual Property 2023-12-11 3:12 pm By Christine Caulfield

Swiss food and drink giant Nestle has resolved a lawsuit by a2 Milk over a trade mark for infant formula, agreeing to withdraw an application with IP Australia to register the mark, NAN A2.

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Union launches class action against McDonald’s over unpaid work
Class Actions 2023-12-07 3:39 pm By Christine Caulfield

After losing its argument that class actions are excluded under the Fair Work Act, the union representing fast food workers has filed a class action of its own, alleging McDonald’s denied shift managers compensation for pre- and post-shift work.

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KFC loses challenge to Grill’d’s HFC trade mark
Intellectual Property 2023-12-07 10:22 pm By Sam Matthews

KFC has failed to block Grill’d’s HFC trade mark, with a judge finding the marks are not deceptively similar and that Grill’d did not act in bad faith despite parodying the fast food giant in advertising for its ‘Healthy Fried Chicken’ products. 

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PepsiCo loses dispute with ATO over royalty withholding tax
Tax 2023-12-01 11:57 pm By Cat Fredenburgh

In a victory for the ATO, a judge has found that payments made by Schweppes to PepsiCo as part of a bottling and distribution agreement, which did not expressly provide for payment of a royalty for use of the company’s IP, were royalties and should be taxed accordingly.

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Noumi in talks with ASIC on penalty for continuous disclosure breaches
Securities 2023-12-01 1:38 pm By Cindy Cameronne

Food manufacturer Noumi is trying to reach agreement with the Australian Securities and Investments Commission on a penalty to propose to the court for violating its continuous disclosure obligations by overstating the value of inventory.

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Yoghurt maker Moo removes ‘100% ocean plastic’ claim from tubs
Competition & Consumer Protection 2023-11-28 1:39 pm By Christine Caulfield

Moo Premium Foods has agreed to remove claims from its yoghurt tubs that the packaging is made from 100% ocean plastic, following an investigation by the ACCC as part of the regulator’s crackdown on greenwashing.

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Rival class action to be filed against KFC over rest breaks
Class Actions 2023-11-17 3:31 pm By Cindy Cameronne

A leading plaintiff law firm will file a competing class action against KFC before the end of the year alleging the fast food giant denied workers rest breaks, after Gordon Legal filed a group proceeding late last month, a court has heard.

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