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Unique wins appeal of unconscionable conduct ruling
Competition & Consumer Protection 2018-09-19 4:51 pm By Cat Fredenburgh

The Full Federal Court has overturned a win for the consumer regulator in a case against Sydney-based Unique International College, ruling that the vocational trainer’s practices for marketing and enrolling students in its diploma courses did not amount to unconscionable conduct.

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Scotch Whisky is generic, can’t be trademarked, court told
Intellectual Property 2018-09-17 4:00 pm By Christine Caulfield

Facing a trade mark infringement lawsuit for selling products under the name Scotch Whisky, Australian liquor retailer D’Aquino Bros has filed a claim of its own, arguing the words are a generic description used in Australia to mean any whisky from Scotland.

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Hastie liquidators battle major builders over millions in unpaid bills
Restructuring & Insolvency 2018-09-14 11:30 pm By Christine Caulfield

Liquidators for failed engineering services company Hastie Group have a fight on their hands over tens of millions of dollars in unpaid invoices from construction companies, with major builders claiming not only that they don’t have to pay, but that the bills aren’t payable.

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Class action says mortgage investment firm charged excessive fees
Class Actions 2018-09-11 8:55 pm By Miklos Bolza

An Australian mortgage investment manager has been hit with a class action, alleging it charged excessive fees on loans and made misleading representations to borrowers.

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AMP wins bid to move class actions to state court
Class Actions 2018-08-29 2:24 pm By Christine Caulfield

AMP has prevailed in a hard-fought fight over where it will defend five shareholder class actions brought in the wake of the Banking Royal Commission, in a precedent-setting judgement that provides a road map for future jurisdictional battles over competing class actions.

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ACCC hopes laundry cartel case will wash with Full Court
Appeals 2018-08-16 11:44 pm By Cat Fredenburgh

The Full Federal Court will hear arguments next week in an appeal by the ACCC over an alleged laundry detergent cartel, the first so-called hub and spoke case brought by the competition regulator.

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Foxtel should pay more than a gym to stream copyrighted recordings, court told
Intellectual Property 2018-08-15 10:06 pm By Miklos Bolza

A Copyright Tribunal decision that led to substantially lower sound recording licence fees for Foxtel was “beyond the pale” because it compared fees charged to the cable TV giant with those charged to fitness centres, the Full Federal Court heard Wednesday.

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AMP slams ‘red herring’ in class action transfer fight
Class Actions 2018-08-14 8:58 pm By Miklos Bolza

Embattled financial giant AMP on Tuesday criticised concerns raised by lawyers for the federal class actions about group members’ opt out rights, saying the concerns were a “red herring” in the fight against an order transferring their cases to the NSW Supreme Court.

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AMP denies class members will hit time bar in state court
Class Actions 2018-08-13 10:24 pm By Christine Caulfield

AMP has slammed arguments that group members in four Federal Court class actions could face a jurisdictional limitation on their claims of disclosure breaches if their cases are transferred to state court, saying no such disadvantage exists.

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Penfolds maker goes to court over ‘wine in a can’ patents
Intellectual Property 2018-08-08 9:04 pm By Miklos Bolza

Treasury Wine Estates has gone on the offensive in an intellectual property dispute with Melbourne-based “wine in a can” maker Barokes, launching court proceedings alleging the company’s patents are invalid and claiming it made “unjustified threats” against the Penfolds maker.

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