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An ‘odd’ result: High Court told reputation can’t be ignored in Botox TM case
Intellectual Property 2022-12-08 4:30 pm By Cindy Cameronne

A contradictor has argued that the High Court must consider the reputation of Botox maker Allergan’s trade marks in a cosmetic company’s challenge to a judgment finding it infringed the marks by marketing its topical creams as Botox alternatives.

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Battle to run Blue Sky, EY class action not over, as firm appeals order to team up with rival
Appeals 2022-12-08 10:55 pm By Christine Caulfield

A law firm wants to challenge a court order that it play nice with a competing firm in a class action for investors against Blue Sky Alternative Investments and auditor EY.

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High Court won’t hear appeal of security for costs order in Westconnex class action
High Court 2022-12-08 5:38 pm By Cindy Cameronne

The High Court has refused to hear an appeal of a decision forcing an unnamed litigation funder to provide $415,000 in security for the NSW government’s defence costs in a class action over the alleged fraudulent acquisition of land for construction of the $16 billion WestConnex tunnel.

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NSW government has to prove $3B light rail was ‘necessary’, class action says
Trials 2022-12-07 4:38 pm By Cindy Cameronne

Closing a class action trial over Sydney’s $3 billion light rail, a lawyer for 3,500 small businesses told a judge Wednesday the NSW government had to show that building the tram network was a “reasonably necessary” addition to the city’s transport options.

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Judge shaves $5M off agreed penalty in ACCC case against Uber
Competition & Consumer Protection 2022-12-07 11:14 am By Sam Matthews

A judge has imposed a $21 million penalty on Uber for misleading customers through platform-wide cancellation messages and estimated fares on its Uber Taxi option, $5 million short of the “very substantial” sum jointly agreed by the parties.

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‘Spectre’ of business interruption class actions laid to rest with test cases, insurers argue
Insurance 2022-12-06 10:26 pm By Cindy Cameronne

Insurers will file de-classing applications in four class actions on behalf of small businesses seeking coverage under business interruption policies for losses flowing from COVID-19 restrictions after their test cases largely failed. 

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Jaguar Land Rover facing second class action over ‘defective’ diesel filters
Class Actions 2022-12-06 3:54 pm By Cat Fredenburgh

Jaguar Land Rover is staring down a second class action on behalf of consumers who purchased cars with allegedly defective diesel filters over an 11-year period.

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Boral’s privilege claim upheld over EY investigation in shareholder class action
Securities 2022-12-06 10:09 pm By Cindy Cameronne

Boral has won its bid to shield from shareholders in a class action three investigative reports, including one by accounting giant EY, concerning financial irregularities in the construction company’s North America windows business.

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Contradictor blasts Shine’s ‘wholly unreasonable’ $100M legal bill in J&J class actions
Class Actions 2022-12-05 11:15 pm By Cindy Cameronne

A contradictor in two pelvic mesh class actions against Johnson & Johnson has opposed Shine Lawyers recovering $100 million in costs from a $300 million settlement, which a judge has preliminarily found is not fair and reasonable to group members.

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As fast food titans go to trial, Hungry Jack’s says its burger ‘clever not deceptive’
Trials 2022-12-05 10:12 pm By Christine Caulfield

Trial in the battle of the buns has begun, with McDonald’s laying out a case for why its rival’s Big Jack burger infringes its trade mark, and Hungry Jack’s firing back that consumers could not confuse its flame-grilled meal with the iconic Big Mac.

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