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Scotch Whiskey Association wins permanent ban against importer
Intellectual Property 2022-08-16 5:42 pm By Sam Matthews

An Australian food and drink importer has been permanently banned from falsely using the words ‘Scotch’ and ‘Scotch Whisky’, after being sued by The Scotch Whisky Association for “flagrant” copyright infringement.

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Judge approves $52M settlement in Takata airbags class actions
Class Actions 2022-08-15 11:38 pm By Cat Fredenburgh

A judge has approved a $52 million settlement is six class actions against car makers for allegedly selling cars fitted with deadly Takata airbags, under which individuals group members will get around $600 after $31.7 million in expenses is deducted.

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Citigroup judge calls out ‘complex and arcane’ criminal cartel laws
Competition & Consumer Protection 2022-08-15 11:17 pm By Cat Fredenburgh

The judge who oversaw a discontinued criminal cartel case over a $2.5 billion ANZ share placement has bemoaned Australia’s overly complex criminal cartel laws, noting prosecutors stumbled in advancing the indictment despite the case involving a “not particularly complex” set of facts.

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Fintech takes AMEX to court over BPAY contract
Financial Services 2022-08-12 11:41 pm By Cindy Cameronne

Brisbane fintech Sniip Limited has filed a lawsuit against American Express Australia, claiming millions in damages after the payments giant allegedly breached a contract to provide card members with BPAY bill payments services. 

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Peter Dutton wants to grill lawyer on possible ‘sham bills’ in defamation spat
Defamation 2022-08-12 11:36 am By Sam Matthews

Opposition leader Peter Dutton has questioned a costs agreement between refugee activist Shane Bazzi and his solicitors in a defamation dispute, raising the possibility that “sham bills” may have been provided to the court to assess the costs to which Bazzi is entitled for his successful appeal.

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Google cops $60M penalty in location data privacy case
Privacy & Cybersecurity 2022-08-12 11:22 am By Cindy Cameronne

Google has agreed to pay a $60 million penalty in proceedings brought by the Australian Competition and Consumer Commission alleging the tech giant misled users about the collection and use of their location data.

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Fujifilm’s small business contracts riddled with unfair terms, court finds
Competition & Consumer Protection 2022-08-12 12:35 pm By Cindy Cameronne

Dozens of provisions in Fujifilm’s contracts with thousands of small businesses are unfair and unenforceable, a court declared Friday in a case against the office supply company by the Australian Competition and Consumer Commission.

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Palmer to pay McGowan’s costs of defamation row after ignoring settlement offer
Defamation 2022-08-11 11:44 pm By Cindy Cameronne

WA premier Mark McGowan has won the legal costs of running his defamation cross-claim against businessman Clive Palmer after a judge learned McGowan made a walk-away settlement offer in December last year.

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‘Not how litigation works now’: Class action over Quintis audit fights EY’s bid to silo expert
Class Actions 2022-08-11 11:26 pm By Cindy Cameronne

A shareholder class action against Ernst & Young over its alleged inflation of assets owned by sandalwood producer Quintis has argued the accounting firm should be allowed only one expert witness, who should collaborate with a competing expert chosen by the investors.

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Court rejects evidence that Piper Alderman work properly delegated in Fogo Brazilia case
Restructuring & Insolvency 2022-08-11 11:55 pm By Sam Matthews

The liquidator of Fogo Brazilia has lost a bid for a gross sum costs order against the restaurant chain, after a judge found that legal representatives Piper Alderman did not appear to appropriately delegate, with hours of grunt work performed by a partner at the firm.

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