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Optus may appeal judgment on Deloitte data breach report
Class Actions 2023-11-17 4:06 pm By Cat Fredenburgh

Optus is considering an appeal of a judgment allowing a class action to access a report from Deloitte into last year’s major data breach, saying its release could raise national security concerns.

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Union succeeds in excluding members from McDonald’s class action
Class Actions 2023-11-17 11:27 pm By Cindy Cameronne

A union has partially won a bid to exclude thousands of current and former members from a class action against McDonald’s, after losing a challenge that sought to ban all Fair Work group proceedings.

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EFTPOS provider Tyro wins restraint of trade case against rival Lightspeed
Financial Services 2023-11-17 11:28 pm By Sam Matthews

EFTPOS provider Tyro has won a year-long injunction against an authorised representative that pushed competing payment system Lightspeed on its customers, in breach of a restraint of trade clause in their contract.

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Law firm set to profit ‘handsomely’ from GCO in Crown class action, should pay up, court told
Class Actions 2023-11-16 10:03 pm By Sam Matthews

Crown Resorts is seeking $10 million in security for costs from the law firm running a shareholder class action accusing it of lax anti-money laundering compliance, arguing the sum is justified in light of the firm’s potential recovery under a tiered group costs order.

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‘Harry is not Barry’: McDonald’s loses trade mark case against Hungry Jack’s
Intellectual Property 2023-11-16 9:50 am By Cat Fredenburgh

A judge has rejected McDonald’s claim that Hungry Jack’s Big Jack burger infringed its Big Mac trade mark, but found that Hungry Jack’s misled consumers by boasting that its burger had 25 per cent more beef.

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Mamamia founders win client file from lawyer in negligence case over $16M Sydney mansion
Professional Negligence 2023-11-16 11:49 pm By Christine Caulfield

The founders of news website Mamamia have secured access to their client file from a former HWL Ebsworth partner, who is accused of professional negligence in his handling of a dispute with the landlord of the couple’s $16 million Bellevue Hill mansion.

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Unfunded class action by Sydney townhouse owners dodges security for costs
Class Actions 2023-11-16 11:46 pm By Christine Caulfield

A judge overseeing a class action by the owners of lots in a townhouse development in the Sydney suburb of Alexandria has rejected an application for security for costs, noting the case has been brought by individuals who stand to lose their properties if they fail to pay costs.

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ASIC can’t temporarily block payday lenders from charging fees
Financial Services 2023-11-16 9:54 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has lost its bid to temporarily restrain payday lenders Cigno and BSF Solutions from enforcing loan fees against 7,000 customers, with a judge finding an injunction could destroy their businesses.

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‘You’ve got to learn to take yes for an answer’: Judge not inclined to seek Full Court’s view on solicitors CFO
Class Actions 2023-11-15 11:20 pm By Cat Fredenburgh

The judge overseeing a class action against collapsed investment manager Blue Sky has said he would not be inclined to seek clarity from the Full Court on whether the court has the power to make a solicitors common fund order unless one of the defendants raised a challenge.

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‘Great distance’ between sides in AUSTRAC’s case against Star, court told
AUSTRAC 2023-11-15 2:30 pm By Christine Caulfield

Star Entertainment has made admissions in AUSTRAC’s action alleging non-compliance with anti-money laundering and counter-terrorism financing laws, but there are still substantial issues in dispute, a court has heard.

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