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Judge shoots down damages questions for initial trial in NAB super class action
Class Actions 2022-03-16 2:18 pm By Miklos Bolza

A judge hearing a superannuation class action against NAB unit NULIS Nominees will not determine the correct approach for calculating damages at an initial trial scheduled for later this year.

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Firstmac slams Zip Pay provider’s defences in fight over ‘Zip’ trade mark
Intellectual Property 2022-03-08 11:30 pm By Cat Fredenburgh

Buy now, pay later giant Zip Co cannot rely on its infringing use of the ‘Zip’ trade mark to defend a lawsuit by the mark’s owner Firstmac, the mortgage provider’s barrister told a judge on the first day of trial in the high-stakes intellectual property dispute.

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Franchisees appeal $1.2M security order in Hog’s Breath Cafe class action
Franchises 2022-02-18 10:00 pm By Christine Caulfield

Franchisees of the Hog’s Breath Cafe restaurant chain are challenging a ruling that they hand over $1.23 million in security for the defence costs of the franchisor in their class action.

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Aussie fashion designer suing Katy Perry a ‘calculating and dishonest’ witness, court hears
Intellectual Property 2022-02-16 10:34 pm By Cat Fredenburgh

An Australian fashion designer suing Katy Perry over the rights to use the Katy Perry trade mark in Australia is a “calculating and dishonest witness” whose “utterly dishonest” testimony should not be believed, counsel for the pop star said during closing submissions.

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Class action against Hog’s Breath Cafe can’t dodge $1.2M security
Class Actions 2022-02-07 2:31 pm By Christine Caulfield

Franchisees of the Hog’s Breath Cafe restaurant chain must pay $1.23 million in security for legal costs in their class action against the franchisor, and the matter is stayed until they can pony up the first installment.

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ASIC opposes BlueScope general manager’s request to manage company
Competition & Consumer Protection 2021-12-09 3:09 pm By Cindy Cameronne

The Australian Securities and Investments Commission has opposed BlueScope Steel general manager Jason Ellis’ request for court permission to manage another company, saying he should wait until the ACCC’s price-fixing case against him has been decided.

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Full Court throws out ‘mistaken’ judgment on AFT’s Maxigesic ads
Competition & Consumer Protection 2021-12-07 6:18 pm By Miklos Bolza

A judge was “mistaken” to find that AFT Pharmaceuticals’ ads for its painkiller Maxigesic were misleading, with the Full Federal Court ruling there was an adequate scientific foundation for the ads’ claims that the drug provided faster, better pain relief than paracetamol and ibuprofen alone.

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NAB super class action won’t get decision on damages at initial trial
Financial Services 2021-12-03 9:43 pm By Cindy Cameronne

The applicant in a class action against NAB superannuation trustee NULIS has lost his bid to have a judge determine aggregate damages at an initial trial.

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PwC strikes back in class action over $50M Axsesstoday prospectus
Class Actions 2021-11-30 6:30 pm By Cindy Cameronne

Professional services giant PricewaterhouseCoopers has hit back at a class action over a $50 million prospectus for Axsesstoday, filing a cross-claim against the asset finance lender and saying it “takes no responsibility” for allegedly defective offer documents.

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Singer Katy Perry accused of trying to ‘snuff out’ Aussie fashion designer
Intellectual Property 2021-11-29 9:52 pm By Bianca Hrovat

US pop star Katy Perry has been accused of using her “financial might” to “snuff out” the small business of an Australian fashion designer, as trial kicked off in a long-running intellectual property dispute over the rights to use the Katy Perry trade mark in Australia.

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