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Bendigo and Adelaide Bank loses 20-year-old trade mark for ‘Community Bank’
Intellectual Property 2019-09-20 10:21 pm By Cat Fredenburgh

A judge has overturned a win for Bendigo and Adelaide Bank in a trade mark battle with NSW-based Community First Credit Union, finding the credit union had successfully argued to revoke the bank’s 20-year-old trade mark for ‘Community Bank’.

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Courts to up scrutiny of group member returns in class action settlements, report says
Class Actions 2019-09-20 9:07 pm By Christine Caulfield

Expect increasing emphasis by judges on how much class action members will pocket, as scrutiny of settlements in representative proceedings continues to ramp up, says King & Wood Mallesons in the law firm’s latest class action report.

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CIMIC had no chance of winning stay of competing class action, judge says
Class Actions 2019-09-20 8:36 pm By Miklos Bolza

A judge has ordered engineering services firm CIMIC Group to pay the costs of a 2017 attempt to stay a competing class action against it, saying the bid was one the company “could never have successfully prosecuted”.

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APRA defends decision to bring failed IOOF case
Financial Services 2019-09-20 8:03 pm By Amelia Birnie

The prudential regulator is standing by its decision to bring proceedings against IOOF for alleged breaches of superannuation duties, despite criticism that such a “highly litigious regulatory environment” is placing immense pressure on financial services executives.

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2GB boss Adam Lang sues News Corp unit over ‘smiling assassin’ articles
Defamation 2019-09-20 3:46 pm By Miklos Bolza

The CEO of Sydney’s 2GB and Melbourne’s 3AW radio stations, Adam Lang, has sued the publisher of the Sunday Telegraph for defamation over articles he claims portrayed him as an incompetent, sadistic executive who created a toxic work atmosphere.

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‘A very expensive lesson’: Ultra Tune to sue former auditors, lawyers over $2M franchising penalty
Competition & Consumer Protection 2019-09-20 11:58 am By Amelia Birnie

National car repair franchise Ultra Tune is preparing negligence suits against its former lawyers and auditors, after the company on Friday won a $590,000 reduction in a $2.6 million penalty for breaches of the Franchising Code of Conduct.

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James Cook University appeals $1.2M judgment for sacking climate skeptic
Appeals 2019-09-20 11:09 am By Miklos Bolza

James Cook University has followed through on its promise to appeal a $1.2 million judgment awarded against it for the unfair dismissal of physics professor and climate skeptic Peter Ridd.

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Judge slams APRA case against IOOF as ‘fundamentally inadequate’ and ‘tenuous in the extreme’
Financial Services 2019-09-20 10:04 am By Amelia Birnie

APRA’s purely documentary case against troubled fund manager IOOF has been dismissed by the Federal Court as “unpersuasive”, “fundamentally inadequate” and “tenuous in the extreme”, in another major blow to financial services regulators pursuing action in the wake of the banking royal commission.

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National law firm slams ex-partner’s ‘sorry story’ for delays in bringing sex discrimination case
Employment 2019-09-19 10:11 pm By Amelia Birnie

A national Australian law firm has asked the Federal Court to throw out a sex discrimination claim filed against it by a former partner, on the grounds that no excuse had been provided for her delay in making a complaint other than “a fairly sorry story”.

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ASIC wins highest ever penalty against individual in $40M investment scam case
ASIC 2019-09-19 9:59 pm By Christine Caulfield

A judge has permanently banned the director of financial services firm Gallop International from the industry and proposed a record $3 million fine after the corporate watchdog brought enforcement action alleging $40 million of investors’ money disappeared from Gallop’s bank account.

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