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ACCC calls for $3.5M penalty for Oscar Wyleeā€™s ‘brazen’ charity misrepresentations
Competition & Consumer Protection 2020-09-15 7:46 pm By Alison Eveleigh

The ACCC has asked a court to impose a $3.5 million penalty against eyewear retailer Oscar Wylee for making misleading representations about its charitable donations and affiliations, including that it would donate one pair of eyeglasses to charity for every pair purchased.

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Nationwide may deny liability for reporter’s ‘private’ tweets on Quaden Bayles video
Defamation 2020-08-20 2:40 pm By Alison Eveleigh

Nationwide News may not accept liability for a series of allegedly defamatory tweets published from reporter Miranda Devine’s personal account about 9-year-old Quaden Bayles, telling a judge the tweets were ā€œprivateā€.

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Judge says FWC can hear dispute over stood down Qantas, Jetstar engineers
Employment 2020-07-09 8:35 pm By Cat Fredenburgh

The workplace umpire has jurisdiction to hear a case against Qantas and its budget subsidiary Jetstar brought by the union for licenced aircraft maintenance engineers stood down during the coronavirus pandemic, a judge has ruled in a blow to the airline.

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‘New marketing opportunity’: Judge sees injunction’s silver lining in In-N-Out trade mark dispute
Intellectual Property 2020-06-09 2:35 pm By Cat Fredenburgh

A Sydney burger chain that was ordered to change its name after losing a trade mark lawsuit by popular American burger franchise In-N-Out has lost its request to stay the ruling, with a judge finding the company had “greatly exaggerated” the costs of the name switch, which she called “a new marketing opportunity”.

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Down Nā€™ Out to appeal ‘cheekyā€™ In-N-Out Burger trade mark infringement ruling
Intellectual Property 2020-05-29 12:27 pm By Alison Eveleigh

An Australian burger chain that opened in Sydney as a tribute to the popular American burger franchise In-N-Out is set to appeal a trademark infringement ruling that found its name choice was “deceptively similar” and “cheeky”.

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Qantas wins injunction against FWC in case by stood-down aircraft engineers
Employment 2020-05-19 10:20 pm By Christine Caulfield

A judge has granted Qantas an injunction temporarily blocking the Fair Work Commission from hearing a case brought by the union for the airline’s stood-down aircraft maintenance engineers, saying the issues raised in the case had potentially wide ramifications for all Australian businesses amid the COVID-19 pandemic.

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Judges’ schedules to be cleared as court expedites Johnson & Johnson pelvic mesh appeal
Appeals 2020-05-01 4:34 pm By Miklos Bolza

The top judge of the Federal Court plans to clear the schedules of three judges at the start of next year so they can hear and decide Johnson & Johnson’s challenge of a class action ruling that found its pelvic mesh devices were defective and awarded the lead applicants $2.6 million in damages.

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Johnson & Johnson appeals landmark ruling in pelvic mesh class action
Class Actions 2020-04-06 2:40 pm By Cat Fredenburgh

Johnson & Johnson has appealed a ruling awarding the three lead applicants in a class action over its pelvic mesh products a combined $2.6 million in damages, after a judge found the company failed to adequately warn women of the implants’ risks.

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Full Court says HWL Ebsworth lawyer was not sacked for political views
Employment 2020-03-13 2:30 pm By Miklos Bolza

The Full Federal Court has thrown out an appeal by a former special counsel of HWL Ebsworth, ruling the senior practitioner was reasonably fired for violating the firm’s media policy in press interviews and not because of his political views.

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Judge orders graphic warning for Johnson & Johnson pelvic mesh products
Class Actions 2020-03-06 8:57 pm By Alison Eveleigh

A judge has ordered Johnson & Johnson to include a graphic warning on the patient information leaflets and instructions for use that accompany four of its pelvic mesh products, following a class action over the devices which saw the three lead applicants awarded $2.6 million in damages.

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