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Woolworths can include details of ‘no cost’ pay review in class action notice
Employment 2021-03-12 5:33 pm By Miklos Bolza

A judge has allowed Woolworths to include details of its internal pay review processes in an opt out notice to be sent to disgruntled current and former employees who have launched a class action against the supermarket giant.

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Late opt outs imperil $138M IAG ‘junk insurance’ class action settlement
Class Actions 2021-03-12 4:43 pm By Miklos Bolza

A group of late opt out notices by group members in a class action over IAG insurance, who were egged on in part by a ‘corporate warfare’ campaign by claims management service Claimo, could result in IAG pulling the plug on a $138 million settlement.

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‘Bit of a stretch’: Judge looks dimly on Squirrel’s defence in ASIC case
Financial Services 2021-03-12 4:30 pm By Cindy Cameronne

A judge has questioned fintech company Squirrel Super’s defence in ASIC’s case alleging it made false and misleading statements about returns on property investments, saying it “looked like a bit of a stretch” at first glance.

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Judge pans ‘irresponsible journalism’ over reporting of CEO who paid nanny $13K for year’s work
Employment 2021-03-12 3:34 pm By Christine Caulfield

A judge has slugged the CEO of a Sydney property development company with a $32,500 penalty for underpaying a live-in nanny, but he aimed his wrath at the media for having “wrongly branded” the businessman as someone who engaged in modern slavery.

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Monsanto class action judge won’t rule on expert evidence in novel hearing
Class Actions 2021-03-11 10:07 pm By Christine Caulfield

A judge overseeing a class action against Bayer-owned Monsanto over its allegedly carcinogenic weedkiller, Roundup, has declined to rule on the admissibility of expert evidence in a hearing ahead of trial next year, despite concerns about the independence of the expert witnesses for the class.

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CBA says ‘non-existent’ chance it will make admissions in ASIC’s conflicted remuneration case
Financial Services 2021-03-11 7:27 pm By Cindy Cameronne

The Commonwealth Bank of Australia has told a judge there’s no chance it will admit to ASIC’s allegations that it accepted conflicted remuneration through the sale of its Essential Super product, likening the matter to ASIC’s failed ‘Wagyu and shiraz’ case against Westpac.

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Full Court dashes Bendigo and Adelaide Bank’s hopes of saving ‘community bank’ trade mark
Intellectual Property 2021-03-11 4:47 pm By Cat Fredenburgh

Bendigo and Adelaide Bank has lost its appeal of a ruling that revoked its 22-year-old ‘community bank’ trade mark, with the Full Federal Court agreeing that the phrase has an ordinary signification and cannot be trade marked for the bank’s services.

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Katy Perry ‘cannot avoid discovery process’ in trade mark dispute, court told
Intellectual Property 2021-03-11 11:49 am By Cindy Cameronne

A fight is brewing over allegedly deficient discovery provided by pop star Katy Perry in her trade mark dispute with Sydney fashion designer Katie Perry, with a judge hearing that text messages from the singer’s phone that may be relevant to the case have not been handed over.  

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Epic Games brings competition case against Google over in-app purchases
Competition & Consumer Protection 2021-03-10 10:31 pm By Cindy Cameronne

Fortnite developer Epic Games has filed a lawsuit against Google for alleged anti-competitive conduct and misuse of market power, after launching a similar claim against Apple in November.

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‘Insureds are not only risks; they are people’: Judge slams TAL’s treatment of cancer patient’s claim
Chief Justice James Allsop 2021-03-10 10:28 pm By Cindy Cameronne

In another victory for ASIC in a case stemming from the banking royal commission, a judge has ruled that TAL Life Limited breached the Insurance Contracts Act after denying coverage to a cancer patient and threatening to recover $24,000 it had already paid to her.

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