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Telco Superfone hit with $300,000 fine for ‘predatory’ telemarketing practices
Competition & Consumer Protection 2021-03-26 4:45 pm By Cindy Cameronne

A judge has ordered telecommunications reseller Superfone to pay a $300,000 penalty in proceedings brought by the ACCC for misleading customers and making unsolicited telemarketing phone calls, even though the penalty may push the company into insolvency.

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Barrister settles with Fairfax over article linking him to ‘largest ever’ US tax fraud
Defamation 2021-03-26 1:00 pm By Cindy Cameronne

Fairfax has resolved a defamation lawsuit brought by an Australian barrister and apologised for an article alleging he helped Texas billionaire Bob Brockman defraud the United States of $2 billion in taxes. 

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S&P may ask judge to disqualify himself from class action over ratings defects
Class Actions 2021-03-26 12:53 pm By Miklos Bolza

A judge who oversaw a 39-day trial in 2018 in multiple class actions against S&P Global may be asked by the ratings agency to step down from hearing another class action alleging systemic defects in its ratings systems.

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Linchpin Capital investors want to add insurers to class action
Class Actions 2021-03-26 12:41 pm By Christine Caulfield

A class action by investors of collapsed Linchpin Capital against the company’s former directors wants to join their insurers as defendants to the proceedings.

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Judge won’t entertain defective defence argument in negligence case against K&L Gates
Colin Biggers & Paisley 2021-03-25 10:22 pm By Christine Caulfield

K&L Gates has fended off a mid-case bid for costs by former clients who are seeking $3 million in a negligence lawsuit and told a court on Wednesday they wasted money responding to a “defective defence” by the law firm.

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L’Oreal opposition to Lore Perfumery trade mark doesn’t pass the smell test
Intellectual Property 2021-03-25 9:14 pm By Cindy Cameronne

Cosmetics giant L’Oreal has lost its opposition to Melbourne-based Lore Perfumery’s ‘Lore’ trade mark, with an IP Australia delegate finding that L’Oreal’s strong reputation made it unlikely that consumers would be deceived or confused.

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Private equity firm entitled to interest in $6M spat with ex-Atrum Coal boss, court says
Energy & Natural Resources 2021-03-25 5:40 pm By Miklos Bolza

Three units of Hong Kong private equity group Argonaut have successfully defended an appeal by former Atrum Coal director Russell Moran who was ordered to repay $6 million plus interest after defaulting on a loan he had “no capacity” to repay.

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Judge pushes for trial early next year in Opal Tower class action
Class Actions 2021-03-25 3:30 pm By Miklos Bolza

A judge has suggested hearing the long-running class action over the Opal Tower disaster as early as the first quarter of next year, as the court juggles three concurrent lawsuits and a slew of cross-claims over the doomed building.

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Juno and Bristol-Myers Squibb suffer losses in Revlimid patent war
Intellectual Property 2021-03-25 1:58 pm By Miklos Bolza

A patent battle between Juno Pharmaceuticals and Bristol-Myers Squibb over the blockbuster drug Revlimid has seen both sides suffer early losses, with a judge dismissing strike out and summary dismissal applications by the drug makers.

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Qantas files ‘urgent’ appeal in dispute with defecting executive
Appeals 2021-03-25 12:11 pm By Cindy Cameronne

Qantas has appealed a decision that found its dispute with former executive Nick Rohrlach over his defection to competitor Virgin Australia should be heard in Singapore, saying the exclusive jurisdiction clause in his contract did not “bite”.

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