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APRA won’t appeal loss in IOOF case
Financial Services 2019-10-17 5:08 pm By Cat Fredenburgh

The Australian Prudential Regulation Authority will not challenge a Federal Court ruling that dismissed its case against fund manager IOOF as “unpersuasive”, “fundamentally inadequate” and “tenuous in the extreme”.

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a2 Milk loses another trade mark opposition as high-stakes appeal looms
Intellectual Property 2019-10-17 4:33 pm By Cat Fredenburgh

The a2 Milk Company has come up short again in opposing a competitor’s bid to register a trade mark containing “a2”, with a delegate finding the reputation of its goods does not lie in the descriptive term a2 alone.

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Car rental company ordered to recover deleted emails in ACCC case
Competition & Consumer Protection 2019-10-17 3:51 pm By Miklos Bolza

Car rental company Australian 4WD Hire will need to take steps to recover deleted, allegedly threatening emails after a court found it had not complied with its discovery obligations in an unconscionable conduct case brought by the consumer regulator.

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CBA unit faces MySuper class action over delayed $3.2B funds transfer
Class Actions 2019-10-17 1:03 pm By Amelia Birnie

Commonwealth Bank subsidiary Colonial First State and former director Linda Elkins face a class action alleging the wealth management group breached its superannuation trustee duties by failing to promptly transfer $3.2 billion of default members’ funds to a lower-cost, high-performing MySuper product.

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Iluka class action doesn’t need cash to put up security, judge says
Class Actions 2019-10-16 11:00 pm By Cat Fredenburgh

The applicant in a shareholder class action against Iluka Resources can put up security for the company’s legal costs by way of two insurance deeds of indemnity, but a bid to use the deeds to replace the $1.25 million it earlier paid in cash security has failed.

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Kmart pockets win over streetwear company in cargo pants IP dispute
Intellectual Property 2019-10-16 10:39 pm By Cat Fredenburgh

Kmart has defeated claims by a streetwear company that the retail giant infringed the copyright for its cargo pants and shorts designs.

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HWL Ebsworth resolves claims partner helped divert insurance money to pay legal bill
Legal Ethics 2019-10-16 9:19 pm By Cat Fredenburgh

HWL Ebsworth has resolved a lawsuit alleging one of its partners helped the former directors of an insolvent mobile ticketing company divert the proceeds of a life insurance policy to pay money owed to the firm.

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NAB case against Human Group could prejudice Helen Rosamond, judge says
White Collar 2019-10-16 3:29 pm By Cat Fredenburgh

A judge has hit pause on National Australia Bank’s case against Helen Rosamond’s executive services company Human Group over an alleged $42.4 million fraud against the bank, amid an ongoing criminal case against Rosamond.

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Judge rejects $42M Murray Goulburn class action settlement, says funder’s cut too high
Class Actions 2019-10-16 2:07 pm By Christine Caulfield

A judge has refused to sign off on a $42 million settlement of a class action against dairy giant Murray Goulburn, saying the commission sought by the funder appeared out of proportion to the risk and above the going rate.

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Medibank admits to violating consumer law with insurance cover fail
Competition & Consumer Protection 2019-10-16 1:11 pm By Cat Fredenburgh

Health insurer Medibank has admitted to engaging in misleading and deceptive conduct when it falsely told consumers they were not eligible for certain coverage under their insurance policies in what it called an “internal process failure”, but denies the ACCC’s claim that consumers were denied the benefits they paid for.

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