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‘A significant inequality of arms’: Funding led to better outcome in PFAS class action, judge says
Class Actions 2020-06-09 3:00 pm By Alison Eveleigh

The judge overseeing three class actions against the Commonwealth over its use of allegedly toxic firefighting foam, which have settled for $212.5 million, said backing by a litigation funder led to a better outcome for group members, who would otherwise have been in the disadvantaged position of “supplicants requesting compensation”.

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‘New marketing opportunity’: Judge sees injunction’s silver lining in In-N-Out trade mark dispute
Intellectual Property 2020-06-09 2:35 pm By Cat Fredenburgh

A Sydney burger chain that was ordered to change its name after losing a trade mark lawsuit by popular American burger franchise In-N-Out has lost its request to stay the ruling, with a judge finding the company had “greatly exaggerated” the costs of the name switch, which she called “a new marketing opportunity”.

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Google must hand over ID of bad reviewer to gangland lawyer Zarah Garde-Wilson
Defamation 2020-06-09 2:35 pm By Christine Caulfield

Google has been ordered to hand over details of an online reviewer’s identity to gangland lawyer Zarah Garde-Wilson so she can pursue a potential defamation and misleading and deceptive conduct case against the reviewer, which she alleges is a rival law firm.

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Victoria Beckham drops challenge to ‘VB’ trade marks
Intellectual Property 2020-06-09 12:08 pm By Cat Fredenburgh

Victoria Beckham has dropped a lawsuit seeking to block Sydney-based skincare company VB Skinlab from registering two VB trade marks, which the fashion designer and former Spice Girl claimed sought to trade off the reputation of her VB marks.

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Top barrister retained interest in Mark Elliott’s funding co. after wife sold shares, court told
Class Actions 2020-06-09 10:52 am By Christine Caulfield

Court documents sought to be kept confidential in a case alleging professional misconduct against barrister Norman O’Bryan SC in his role as counsel for a class action over the collapse of Banksia Securities accuse the top silk of continuing to have an interest in the funder that bankrolled the proceedings after his wife was said to have sold her shares.

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The house wins: Aristocrat beats out IP Australia in fight over slot machine patents
Intellectual Property 2020-06-05 10:03 pm By Miklos Bolza

Gaming giant Aristocrat Technologies has succeeded in its appeal of an IP Australia decision rejecting four of its gaming patents, with a judge finding they were “not a mere scheme” but an actual manner of manufacture.

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Judge approves $212.5M toxic foam class action settlement
Class Actions 2020-06-05 9:46 pm By Alison Eveleigh

A judge has given his blessing to a landmark $212.5 million settlement of three class actions over the use of allegedly toxic firefighting foam at government military bases despite a “large number” of objections.

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ASIC, ANZ gear up for battle over Ashurst advice in bank fees case
Financial Services 2020-06-05 9:31 pm By Miklos Bolza

ASIC has launched a bid to gain access to legal advice provided by Ashurst to Australia and New Zealand Banking Group in the regulator’s case over $35 million in allegedly illegal bank fees.

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Appeals court overturns ban on Black Lives Matter protest
COVID-19 2020-06-05 9:10 pm By Miklos Bolza

The Court of Appeal for the NSW Supreme Court on Saturday overturned a ruling that banned this weekend’s Black Lives Matter protest, saying the rally was an authorised public assembly.

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CBA hit with $5M penalty for overcharging customers
Financial Services 2020-06-05 4:05 pm By Cat Fredenburgh

A judge has approved a $5 million penalty against the Commonwealth Bank of Australia for overcharging customers $8 million in fees and interest on its agricultural products, despite previously expressing concerns that the penalty was “on the light side”.

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