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Last stop for ACCC as High Court refuses leave to appeal Pacific National, Aurizon deal
Competition & Consumer Protection 2020-12-08 1:34 pm By Christine Caulfield

The ACCC has reached the end of the line in its challenge to Pacific National’s $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, with the High Court dismissing the competition regulator’s application to take up the appeal.

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Councils win appeal over Telstra smart payphone installation
Telecommunications 2020-11-20 5:25 pm By Spencer Fowler Steen

Telstra has lost an appeal in a case brought by Melbourne, Sydney and Brisbane city councils over a planned upgrade of its payphone network across Australia, with an appeals court pointing to an “apparent paradox” in the telco’s claim it did not need planning permits to install its next generation digital phone booths.

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Five law firms to spar over liability in $15M Dover Financial negligence case
Financial Services 2020-11-18 12:59 pm By Cat Fredenburgh

Two more law firms have been joined to a lawsuit by defunct financial advisor Dover Financial accusing three law firms of providing negligent advice regarding an inaptly titled client protection policy which a judge found was “highly misleading” and “an exercise in Orwellian doublespeak”.

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Craft brewery can’t overturn cancellation of ‘Urban Ale’ trade mark
Intellectual Property 2020-11-04 7:00 pm By Miklos Bolza

A Melbourne-based craft brewery has failed to save its ‘Urban Ale’ trade mark, with the Full Federal Court dismissing its appeal and finding that a judgment ordering the cancellation of the mark was correct.

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Court approves one of the first video opt out notices in a class action
Class Actions 2020-10-30 10:12 pm By Miklos Bolza

The Federal Court has approved what is thought to be only the second ever audio-visual opt out notice in a class action, a move that will make it easier for group members to find out about class actions they may be eligible for.

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Judge ‘troubled’ by firm’s bid to add client’s brother-in-law to $745,000 fee spat
Real Estate 2020-10-29 4:16 pm By Miklos Bolza

A judge has criticised a law firm that is suing its former client, Melbourne cafe Barfly’s, for $745,000 in legal fees after the firm sought to join the brother-in-law of Barfly’s owner Tony Hachem to the case.

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In partial win for QBE, judge pares back ANZ add-on insurance class action
Class Actions 2020-10-20 9:36 am By Christine Caulfield

A judge has sided in part with QBE Insurance and pared back a class action over allegedly worthless add-on insurance sold by ANZ to credit card and personal loan customers.

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Game over for Monster Energy’s opposition to ‘Monster Strike’ trade mark
Intellectual Property 2020-10-19 9:49 pm By Cat Fredenburgh

A judge has shot down Monster Energy’s opposition to Japanese software company Mixi registering the ‘Monster Strike’ trade mark in Australia for its popular video game of the same name, the second judge to find the energy drink maker’s standalone ‘Monster’ mark does not have a significant reputation in Australia.

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Judge says video would be ‘inappropriate’ in Westpac class action opt out notice
Class Actions 2020-09-30 4:15 pm By Christine Caulfield

A judge has scrapped a proposed video link sought by Slater and Gordon to be included in an opt out notice to group members in a class action over alleged junk insurance sold by Westpac, saying the video had the “flavour” of promoting the proceeding.

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Law firm in fee dispute with Barfly’s loses urgent bid for $745,000
Real Estate 2020-09-30 2:57 pm By Christine Caulfield

A law firm that negotiated a $2.4 million settlement for Melbourne’s Barfly’s in a negligence suit against the Bourke Street cafe’s former solicitors is now in litigation itself against Barflys over unpaid fees, but a bid by the firm for the cafe to hand over $745,000 to the court in trust has fallen flat.

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