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High Court to hear Botox trade mark appeal
Intellectual Property 2022-05-18 3:42 pm By Cat Fredenburgh

The High Court has granted special leave to a cosmetic company to challenge a judgment finding it infringed Botox maker Allergan’s trade marks by marketing its topical creams as Botox alternatives.

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No hard time limit on criminal charges against ME Bank, prosecutors say
Financial Services 2022-05-18 1:09 pm By Christine Caulfield

Challenging a ruling that tossed half the charges brought against direct bank Members Equity, prosecutors have told an appeals court the ASIC Act does not impose a strict deadline for bringing a criminal case of misleading or deceptive conduct.

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Court overturns Peter Dutton’s win in defamation case over ‘rape apologist’ tweet
Defamation 2022-05-17 11:17 am By Christine Caulfield

An appeals court has set aside a judgment awarding federal minister Peter Dutton $35,000 in his defamation case over a tweet by a refugee activist labelling him a “rape apologist”.

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Ford pushing for 10-day hearing in ‘all-in appeal’ of complex class action decision
Competition & Consumer Protection 2022-05-17 3:01 pm By Sam Matthews

Ford is seeking an extended hearing of its appeal from a class action judgment in favour of 185,000 vehicle owners over their allegedly defective cars, saying a “significant excavation” of the ruling is now in order. 

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Law firms team up to join two Nuix class actions, want third case shut down
Class Actions 2022-05-17 10:06 pm By Christine Caulfield

Two law firms are joining forces in the hopes of winning a contest of competing securities class actions against technology company Nuix over its $1.8 billion IPO.

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Toyota must pay $18,000 in damages to applicant in defective filter class action
Product Liability 2022-05-17 2:44 pm By Cindy Cameronne

A judge has awarded a Queensland motor vehicle assessor $18,400 in damages in a class action against Toyota over allegedly defective diesel filters in its cars that could see the automotive giant owe close to $2 billion to 260,000 car owners.

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‘Box them in’: Company pressured customers to invest in timeshare scheme, court finds
Competition & Consumer Protection 2022-05-17 9:41 pm By Sam Matthews

A judge has found that financial advisers acting for Ultiqa Lifestyle Promotions gave advice against the best interests of consumers, cornering them into investing thousands of dollars into a timeshare scheme that many could not afford.

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GetSwift, directors drop appeal of judgment on ‘PR-driven’ approach to disclosures
Securities 2022-05-16 11:38 pm By Cat Fredenburgh

Logistics company GetSwift and its directors have dropped their challenge to a judgment that found the company breached its continuous disclosure obligations with its “PR-driven” approach to ASX statements.

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Judge says unnamed funder has to provide security in Westconnex class action
Class Actions 2022-05-16 3:18 pm By Cindy Cameronne

A judge has ordered an unnamed funder to give $415,000 in security for the NSW government’s legal costs in a class action alleging it fraudulently acquired land for the construction of the WestConnex tunnel and caused loss and damage to 3,000 land holders.

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Late evidence allowed in Myer JV spat after $100K error by lawyer, expert
Contracts 2022-05-16 5:00 pm By Sam Matthews

A judge has allowed the plaintiffs in a lawsuit over a Myer joint venture to tender extra evidence, after a $100,000 miscalculation was discovered during cross-examination in the final days of a hearing.

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