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Judge vacates Ruby Princess class action trial
Class Actions 2021-09-17 6:34 pm By Miklos Bolza

A judge has vacated a March hearing in a class action against cruise operator Carnival over last year’s Ruby Princess COVID-19 outbreak, a week after resolving an almost year-long dispute about whether overseas passengers could be part of the proceeding.

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Carnival can’t exclude overseas passengers from Ruby Princess class action
Class Actions 2021-09-10 11:53 am By Miklos Bolza

Cruise operator Carnival has lost its bid to exclude US and UK passengers from a class action over the 2020 Ruby Princess COVID-19 outbreak, with a judge finding the Federal Court was not a “clearly inappropriate forum” to hear the dispute.

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Allergan wins appeal in Botox trade mark battle
Intellectual Property 2021-09-08 5:19 pm By Miklos Bolza

Botox maker Allergan has successfully challenged a Federal Court judgment dismissing its trade mark lawsuit against an Australian company selling topical creams as an alternative to Botox injections.

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Judge scolds Delta Coal liquidators for late notification of insolvent trading case
Restructuring & Insolvency 2021-08-11 1:53 pm By Miklos Bolza

A Federal Court judge has criticised the liquidators of coal mining company Delta for waiting over two years to file insolvent trading proceedings against former directors when the same issues of solvency had already been raised in two other cases.

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COVID-19 delays judgment in ACCC’s long-running case against private college Phoenix
Competition & Consumer Protection 2021-08-06 3:37 pm By Miklos Bolza

Sydney’s ongoing COVID-19 lockdown has created “logistical” difficulties delaying the release of a long awaited judgment in the ACCC’s consumer law case against collapsed private college Phoenix Institute, which was accused of misleading students through the marketing of its courses.

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Funder seeks to recoup $14.8M debt in lawsuit against Sydney developer
Real Estate 2021-08-02 6:18 pm By Miklos Bolza

A litigation funder is suing a Sydney property developer over a $14.8 million debt stemming from a cause of action it acquired from the liquidators of the collapsed project manager behind the firm’s real estate projects.

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Culture Kings steps out of the ring, resolves Mike Tyson suit over ‘misleading’ T-shirts
Intellectual Property 2021-07-29 1:42 pm By Bianca Hrovat

Streetwear retailer Culture Kings has resolved a lawsuit brought by former world boxing champion Mike Tyson alleging the company misled consumers by using his image on its T-shirts.

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Captain Cook College engaged in systemic unconscionable conduct, court finds
Competition & Consumer Protection 2021-07-02 11:09 pm By Cat Fredenburgh

Motivated by greed, online educator Captain Cook CollegeĀ engaged in a system of unconscionable conduct by enrolling thousands of students who accrued $60 million in debt but never finished their courses, a court has found.

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Payday lender Cigno loses bid to overturn ASICā€™s short-term credit lending ban
Appeals 2021-06-29 10:35 pm By Cindy Cameronne

Payday lender Cigno has lost its appeal of a ruling which upheld ASICā€™s first product intervention order banning the use of short-term lending models with ā€œexcessiveā€ fees.

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Royal Caribbean can’t block US lawsuit by White Island volcano victims
Personal injury 2021-06-18 10:45 pm By Cat Fredenburgh

A judge has shot down an attempt by cruise giant Royal Caribbean to block victims of the White Island volcano eruption in New Zealand from suing for damages in a US court.

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