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An ‘odd’ result: High Court told reputation can’t be ignored in Botox TM case
Intellectual Property 2022-12-08 4:30 pm By Cindy Cameronne

A contradictor has argued that the High Court must consider the reputation of Botox maker Allergan’s trade marks in a cosmetic company’s challenge to a judgment finding it infringed the marks by marketing its topical creams as Botox alternatives.

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ASIC brings first-ever financial penalty case for alleged claims handling breach
ASIC 2022-12-08 5:07 pm By Cindy Cameronne

The Australian Securities and Investments Commission has brought proceedings against insurance company OnePath Life, marking the first time the corporate regulator is seeking financial penalties for an alleged failure to act with utmost good faith during claims handling.

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High Court won’t hear appeal of security for costs order in Westconnex class action
High Court 2022-12-08 5:38 pm By Cindy Cameronne

The High Court has refused to hear an appeal of a decision forcing an unnamed litigation funder to provide $415,000 in security for the NSW government’s defence costs in a class action over the alleged fraudulent acquisition of land for construction of the $16 billion WestConnex tunnel.

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ACCC levels cartel suit against mining equipment company Qteq
Competition & Consumer Protection 2022-12-08 11:57 pm By Sam Matthews

The Australian Competition and Consumer Commission has brought action against mining equipment company Qteq and its executive chairman Simon Ashton over allegations of bid rigging and other cartel conduct.

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Mastercard fails to patent fraud-fighting data processing system
Intellectual Property 2022-12-08 5:20 pm By Sam Matthews

Mastercard has lost a bid to patent a data processing system used to prevent fraud on payment card networks, with an IP delegate Australia ruling the invention “does not rise above an idea.”

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High Court rejects Western Power appeal in bushfire class action
High Court 2022-12-07 4:57 pm By Sam Matthews

The High Court has unanimously dismissed Western Power’s challenge to a judgment which found the state-owned electricity supplier breached its duty of care to inspect power poles on private land and was partly liable for property damage from the 2014 Perth Hills bushfire.

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NSW government has to prove $3B light rail was ‘necessary’, class action says
Trials 2022-12-07 4:38 pm By Cindy Cameronne

Closing a class action trial over Sydney’s $3 billion light rail, a lawyer for 3,500 small businesses told a judge Wednesday the NSW government had to show that building the tram network was a “reasonably necessary” addition to the city’s transport options.

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Judge shaves $5M off agreed penalty in ACCC case against Uber
Competition & Consumer Protection 2022-12-07 11:14 am By Sam Matthews

A judge has imposed a $21 million penalty on Uber for misleading customers through platform-wide cancellation messages and estimated fares on its Uber Taxi option, $5 million short of the “very substantial” sum jointly agreed by the parties.

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Carnival hit with class action over gastro outbreaks on cruise ship
Class Actions 2022-12-07 6:42 pm By Sam Matthews

Carnival unit P&O Cruises has been hit with a class action by passengers who say their holidays were ruined by norovirus outbreaks on its Sun Princess cruise ship.

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Two more class actions filed over wages for junior doctors
Employment 2022-12-07 10:34 pm By Christine Caulfield

Expanding their campaign to recoup alleged unpaid overtime pay for junior doctors, law firms Gordon Legal and Hayden Stephens & Associates have launched two new class actions against hospital operators.

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