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Vocus class action to seek first common fund order since High Court ruling
Class Actions 2020-02-04 7:23 pm By Christine Caulfield

The funder behind the recently resolved shareholder class action against teleco Vocus will ask a judge to make a common fund order at a hearing to approve a $35 million settlement of the case, the first common fund order since the High Court appeared to put the kibosh on them.

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Hewlett-Packard could not cap commissions at ‘whim’, owes ex-sales rep $370,000, court says
Employment 2020-02-04 7:02 pm By Miklos Bolza

IT giant Hewlett-Packard Australia has been ordered to pay over $370,000 in unpaid commissions to a former sales executive after a court found the company could not change its incentives “arbitrarily, capriciously or unreasonably”.

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Dutch coffee giant pours hot water on K-fee’s patent for espresso capsule
Intellectual Property 2020-02-04 2:38 pm By Miklos Bolza

The Dutch coffee company behind the popular Moccona brand has successfully opposed a coffee capsule patent sought by coffee machine maker K-fee.

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Judge tosses Vagisil maker’s challenge to European rival’s trade mark
Intellectual Property 2020-02-04 11:43 am By Miklos Bolza

The international company behind the Vagisil feminine hygiene brand has lost its bid to stop a European competitor from registering Vagisan as a trade mark in Australia.

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ASIC did nothing about Dover’s client protection policy for over a year, court told
Financial Services 2020-02-03 9:59 pm By Christine Caulfield

The Australian Securities and Investments Commission formed the view that Dover Financial’s “Orwellian” client protection policy was misleading in 2016 but did not raise its concerns with the now defunct firm until 2018, a court has heard.

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Visy ordered to pay $1.6M to bubble wrap maker over licence for Chobani spoons
Intellectual Property 2020-02-03 5:17 pm By Miklos Bolza

The company behind the ubiquitous bubble wrap has won a consumer case against Visy Packaging, with the Federal Court awarding almost $3 million in damages after finding a spoon-lid combination supplied to yoghurt maker Chobani breached an exclusive licence agreement.

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Rabbi loses defamation case over coverage of child sex abuse comments
Defamation 2020-02-03 2:22 pm By Miklos Bolza

A Sydney rabbi who told the Royal Commission into Child Sexual Abuse that he did not know touching a child’s genitals was a crime has lost a defamation case against SBS and the Murdoch-owned Nationwide News, with the NSW Supreme Court finding that the media “accurately reported” the rabbi’s own words.

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Myer shareholders get second chance to prove loss in class action
Class Actions 2020-02-03 1:15 pm By Christine Caulfield

After failing to persuade the court at trial, shareholders in a class action against Myer have another chance to prove they suffered financial loss after the department store was found to have repeatedly neglected to correct an inflated profit forecast from former CEO Bernie Brookes five years ago.

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Court temporarily bars DP World strike over automation
Employment 2020-02-03 12:25 pm By Miklos Bolza

A division of the CFMEU has criticised a court ruling barring members from industrial action against stevedoring giant DP World Australia Group, calling it an “alarming attack on democratic rights”.

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Kleenmaid founder’s brother can’t dodge conviction over $13M Westpac fraud
White Collar 2020-02-03 12:01 pm By Cat Fredenburgh

The brother of the founder of defunct whitegoods distributor Kleenmaid has lost an appeal seeking to overturn his conviction on fraud and insolvent trading charges for masterminding a $13 million fraud against Westpac.

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