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Monster Energy drops challenge to Fernbrew ‘beast’ trade mark
Intellectual Property 2018-11-20 2:39 pm By Cat Fredenburgh

Energy drink giant Monster Energy has dropped its challenge to a ruling allowing alcoholic spirits wholesaler Fernbrew to trade mark the term ‘Real Beast’ for alcoholic beverages.

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Barry Plant hit with $720,000 fine for duping house hunters with low display prices
Competition & Consumer Protection 2018-11-20 10:47 am By Christine Caulfield

Real estate agency Barry Plant has been hit with a $720,000 fine after admitting it breached the consumer laws by underquoting the likely selling price of 20 properties listed online.

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Freight cos. slam ACCC’s collusion case over rail deal at start of trial
Competition & Consumer Protection 2018-11-19 11:51 pm By Christine Caulfield

Pacific National would not misuse its market power after taking control of an important rail terminal in Brisbane because that would be “irrational”, the Federal Court heard Monday at the start of a two-week trial in the competition watchdog’s case alleging the rail giant colluded with competitor Aurizon to become the dominant operator of key freight corridors.

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Ex-Tennis Australia boss Harold Mitchell sued over Open deal
Corporate 2018-11-19 8:49 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has sued businessman Harold Mitchell for allegedly passing confidential information onto Seven Network while serving as a director at Tennis Australia in order to help the network win broadcast rights to the Australian Open.

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Foodora ordered to pay rider $15,600 in landmark unfair dismissal case
Employment 2018-11-16 11:55 pm By Cat Fredenburgh

A Foodora delivery rider has won $15,600 in an unfair dismissal case hailed as a test case for the gig economy, with the Fair Work Commission finding the rider was an employee, not an independent contractor of the failed company.

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Federal Court gets $10M boost to handle Royal Commission caseload
Financial Services 2018-11-16 11:52 pm By Cat Fredenburgh

The government has boosted the budgets of the CDPP and the Federal Court by $51 million in advance of an expected increase in criminal and civil enforcement actions resulting from the Banking Royal Commission.

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Surfstitch judge says court can’t drop opt-out notice to class
Class Actions 2018-11-16 11:23 pm By Cat Fredenburgh

A judge has rejected a bid by the applicants in two shareholder class actions against online fashion retailer Surfstitch to push forward with a proposed settlement of the cases without an opt-out notice to group members.

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Motorola to bring copyright claims against Hytera
Intellectual Property 2018-11-16 9:56 pm By Miklos Bolza

Motorola Solutions wants to amend its pleadings in an ongoing patent case against Shenzen-based Hytera Communications to add copyright claims relating to the source code for the radio devices at the centre of the dispute.

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High Court declines Rebel Wilson appeal in defamation case
Defamation 2018-11-16 4:14 pm By Cat Fredenburgh

Rebel Wilson has lost a bid to have the High Court reconsider an appeals court’s decision to slash her record $4.75 million award in a defamation case against Bauer Media to $600,000.

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McMillan Shakespeare unit denies car warranties ‘illusory’
Class Actions 2018-11-15 10:55 pm By Cat Fredenburgh

Defending a class action alleging its vehicle warranties were worthless, a unit of car leasing company McMillan Shakespeare said it has paid out claims to more 3,600 drivers, and was obligated to consider each claim “on its merits”.

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