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Amazon had no obligation to use GetSwift’s services, class action claims
Class Actions 2019-01-21 10:48 pm By Cat Fredenburgh

GetSwift failed to disclose to investors that under an agreement announced with Amazon, the e-commerce giant had no obligation to use the logistics provider for any of its deliveries, according to new court documents filed in the shareholder class action against GetSwift and its founders.

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Hugo Boss, Tommy Hilfiger, Lacoste sue Sydney boutique over knockoffs
Intellectual Property 2019-01-21 3:16 pm By Miklos Bolza

Three global fashion giants are suing a Sydney-based boutique for allegedly importing and selling knockoff versions of their clothing.

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Aged care royal commission warns providers against obstruction
Healthcare 2019-01-18 10:59 pm By Cat Fredenburgh

Aged care service providers have been put on notice that they could face legal action for blocking whistleblowers from providing evidence to the aged care royal commission.

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Judge tosses Cash Converters’ ‘singular’ bid for recusal from settlement hearing
Class Actions 2019-01-18 10:41 pm By Christine Caulfield

A judge has shot down a bid by Cash Converters to recuse himself from hearing arguments for a $16.4 million class action settlement, saying his advice while still a barrister to the law firm running the proceedings did not give rise to apprehended bias.

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Writers’ Guild settles dispute over screenwriter royalties
Intellectual Property 2019-01-18 10:11 pm By Cat Fredenburgh

The Australian Writers’ Guild has resolved its long-running dispute with the Audio-Visual Copyright Society alleging the royalties distributor misdirected millions in royalties owed to Australian screenwriters.

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Herbert Smith Freehills to represent AMP in ASIC suit over Clayton Utz docs
Business of Law 2019-01-18 9:55 pm By Cat Fredenburgh

AMP has retained Herbert Smith Freehills — one of its go-to law firms — to represent it in legal proceedings by the Australian Securities and Investments Commission seeking documents from Clayton Utz as part of an ongoing investigation of the wealth manager’s fees-for-no-service conduct.

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Ultra Tune slapped with $2.6M fine for misleading franchisees, deceiving court
Competition & Consumer Protection 2019-01-18 4:25 pm By Christine Caulfield

National car repair franchise Ultra Tune has been ordered to pay a $2.6 million penalty, with a judge finding the firm had not only breached the Franchising Code and the Australian Consumer Law by misleading a prospective franchisee but also misled the court in its defence of the case brought by the consumer watchdog.

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Activist suing super fund REST over climate change plan can’t cap adverse costs
Financial Services 2019-01-18 3:29 pm By Cat Fredenburgh

An ecological landscaper suing the Retail Employees Superannuation Trust fund for an undeveloped climate change policy has lost an application for a maximum costs order in the public-interest case.

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Judge was wrong to halt cross-examination in Octaviar class action, court hears
Class Actions 2019-01-17 9:00 pm By Miklos Bolza

A judge that dismissed an investor class action against the Public Trustee of Queensland over the failure of investment firm Octaviar Group improperly intervened in the cross-examination of one of the class’ witnesses, one of the judges that will hear an appeal of the dismissal was told.

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Craig McLachlan wins stay of defamation case amid criminal charges
Defamation 2019-01-17 2:28 pm By Miklos Bolza

Actor Craig McLachlan has won a bid to stay his defamation case against actress Christie Whelan Browne, Fairfax Media and the ABC in light of recent indecent assault charges brought against him, with a judge finding the cases deal with identical subject matter.

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