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Federal Court grapples with own practice note in IAG insurance class action
Class Actions 2020-03-10 4:59 pm By Miklos Bolza

With the common fund order tossed in a class action against two IAG entities over allegedly worthless add-on insurance, a Federal Court judge on Tuesday was asked to grapple with a practice note in determining when to notify group members of a possible order to “equitably and fairly” distribute the legal costs and funding commission in the proceedings.

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ASIC pans Wagyu and shiraz ‘thought experiments’ in Westpac home loan appeal
Financial Services 2020-02-25 5:05 pm By Miklos Bolza

ASIC has criticised a Federal Court judge for his ‘thought experiments’ around prospective home loan applicants feasting on Wagyu beef and shiraz, as the regulator challenges the judge’s dismissal of its responsible lending case against Westpac.

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No harm, no foul? Full Court weighs ACCC challenge to flushable wipes ruling
Competition & Consumer Protection 2020-02-24 5:58 pm By Miklos Bolza

The ACCC claims it was not required to prove Kimberly-Clark’s flushable wipes caused actual harm to sewers, as it challenges a ruling that disposed of its consumer law case against the personal care giant.

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Chinese investors can offload property, recoup losses from failed investment scheme
Real Estate 2020-02-06 3:05 pm By Miklos Bolza

A Gold Coast development property procured through a settlement with a Sydney-based financial advisory firm facing two separate class actions can be sold to recoup losses by investors who sank over $14 million into a property investment scheme, a court has found.

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Sydney financial advisor hit with $14.5M class action by Chinese investors
Class Actions 2020-01-28 4:11 pm By Miklos Bolza

A Sydney-based financial advisory firm has been hit with a class action by a group of Chinese investors over a property investment and visa scheme that allegedly saw group members lose $14.5 million in funds.

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Class wins access to Appco insurance docs in sham contracting case
Employment 2019-12-19 10:18 pm By Cat Fredenburgh

Appco has agreed to hand over insurance policy documents to the lead applicant in a $90 million sham contracting class action, amid concerns about the dire financial state of the fundraising company as the matter moves towards mediation.

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Monster Energy takes on ‘mother’ of a trade mark battle
Intellectual Property 2019-11-13 3:44 pm By Cat Fredenburgh

Monster Energy has launched another Federal Court case against Vittoria Food & Beverage seeking to block the coffee maker from trading on the popularity of its Mother energy drink brand, and the beverage giant will have to convince the court that its brand is not so strong that confusion among consumers is not likely.

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Nationwide drops judicial bias claim in Geoffrey Rush defamation appeal
Defamation 2019-11-04 11:09 pm By Cat Fredenburgh

Nationwide News is backpedaling from claims that a $2.9 million defamation judgment won by actor Geoffrey Rush should be overturned because of apprehended bias on the part of the trial judge.

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Monster Energy fights removal of ‘mother’ trade mark
Intellectual Property 2019-10-25 5:37 pm By Cat Fredenburgh

Beverage giant Monster Energy has launched a Federal Court challenge to the removal of its ‘mother loaded iced coffee’ trade mark, part of a portfolio of Mother energy drink-related marks acquired from Coca Cola in 2015.

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Judge tosses Babcock & Brown cases, finds ‘serious problems’ with market-based causation
Securities 2019-10-21 8:47 pm By Miklos Bolza

A judge has dismissed three proceedings by shareholders against the liquidator of failed global financial services firm Babcock & Brown, in a finding that highlights “serious problems” with market-based causation and may have ramifications for securities class actions.

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