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Italian food hall Mercato Centrale defeats trade mark infringement case by 50-year-old deli
Intellectual Property 2024-02-27 11:18 pm By Christine Caulfield

The proprietors of a family-owned Adelaide deli selling imported food for the past 50 years have lost a trade mark lawsuit targeting Eddie Muto’s Il Mercato Centrale — the sprawling Italian market expected to open its first Australian location in Collins St, Melbourne this year.

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‘Don’t you want to know who you’re acting for?’: Judge probes applicant in rate-rigging class action
Class Actions 2024-02-26 4:33 pm By Sam Matthews

A judge has questioned the applicant’s opposition to soft class closure in a class action accusing five major banks of rate-rigging, a measure the banks say could save “tens of millions” in legal expenses. 

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AGL Energy class action to be discontinued after search for new funder fails
Class Actions 2024-02-26 5:32 pm By Cat Fredenburgh

The applicant in a competition class action against AGL Energy has failed to find another funder to back the case after the original funder that bankrolled the case withdrew its support.

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ABC host sacked for post on Gaza sues for unfair termination
Employment 2024-02-26 5:55 pm By Sam Matthews

A former ABC radio host has filed a Federal Court lawsuit against her former employer after she was fired for sharing a post by Human Rights Watch on her personal Instagram account about alleged war crimes committed by Israel in Gaza.

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Class action judge ‘very concerned’ that QBE told brokers they could ignore court request
Class Actions 2024-02-23 3:55 pm By Sam Matthews

A judge has railed against insurer QBE after it sent an email to brokers saying it could “in effect ignore” the court’s request that they notify clients about a class action on behalf of businesses that were denied business interruption coverage for COVID-19 related shutdowns. 

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EY seeks to shut down partner’s lawsuit
Employment 2024-02-23 9:26 pm By Cindy Cameronne

Accounting firm Ernst & Young is seeking to throw out a tax partner’s lawsuit alleging he remains in the partnership despite an attempt to remove him, arguing the dispute had to be determined through confidential arbitration. 

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Affidavits by Ashurst lawyers adequate for Racing Victoria’s privilege claim, judge says
Competition & Consumer Protection 2024-02-23 11:30 pm By Christine Caulfield

A judge has ruled hearsay evidence given by Ashurst solicitors is sufficient for Racing Victoria to bring a claim for legal professional privilege over documents ordered to be produced to Racing NSW, which alleges it was the victim of an anti-competitive plot.

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Video camera maker Bolin wins urgent injunction against ASX-listed rival BirdDog
Competition & Consumer Protection 2024-02-23 11:33 pm By Christine Caulfield

Chinese video camera company Bolin has won its bid for an urgent anti-anti-suit injunction against Australian competitor BirdDog, with a judge finding there was a risk of “irreparable prejudice” if Bolin lost its right to bring its claims.

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In trade mark appeal, Katy Perry says Aussie designer should have ‘changed direction’ given her rise to fame
Intellectual Property 2024-02-22 9:23 pm By Sam Matthews

Appealing her loss in a trade mark stoush with an Australian fashion designer, pop star Katy Perry has argued the woman “should have changed direction” with her ‘Katie Perry’ brand once the singer’s star began to rise. 

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Light rail class action can’t claim funder’s commission as damages
Class Actions 2024-02-22 10:36 am By Cindy Cameronne

A judge has declined a novel bid by the lead applicant in a class action over disruptions stemming from the construction of Sydney’s $3 billion light rail to claim a funder’s 40 per cent commission as damages, rather than as a deduction from group members’ payout.

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