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Bean there, done that: Lavazza says it used ‘oro’ trade mark before Vittoria
Intellectual Property 2019-10-22 11:14 pm By Cat Fredenburgh

Italian coffee manufacturer Lavazza has hit back against an infringement case brought by Australian rival Vittoria over two Oro trade marks, saying Vittoria’s rights over the marks should be revoked and claiming four decades of prior continuous use of its own unregistered mark.

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Stage set for battle over court’s power to vary class action funding agreements
Analysis 2019-10-22 11:06 pm By Christine Caulfield

A judge’s decision refusing to approve a $42 million settlement in a shareholder class action against Murray Goulburn because of a “too high” funder’s commission has set the stage for a showdown over the power of courts to alter funding agreements, a battle potentially more consequential than the fight over common fund orders now before the High Court.

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IOOF unit wins stay of $76M judgment as it mulls appeal of case against Sparke Helmore
Restructuring & Insolvency 2019-10-22 11:00 pm By Cat Fredenburgh

A judge has briefly stayed his $76.6 million judgment against IOOF subsidiary Australian Executor Trustees over the sale of a timber plantation by the collapsed Gunns Group as AET weighs an appeal of the ruling, which dismissed its cross-claim against law firm Sparke Helmore.

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Legal fee fight looms in HIH Insurance shareholder actions
Restructuring & Insolvency 2019-10-21 9:58 pm By Miklos Bolza

Lawyers behind four quasi representative proceedings against the liquidators of collapsed HIH Insurance have launched a bid to recoup the costs of their successful 18-year-long legal battle.

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Judge tosses Babcock & Brown cases, finds ‘serious problems’ with market-based causation
Securities 2019-10-21 8:47 pm By Miklos Bolza

A judge has dismissed three proceedings by shareholders against the liquidator of failed global financial services firm Babcock & Brown, in a finding that highlights “serious problems” with market-based causation and may have ramifications for securities class actions.

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Cash Converters to pay $42.5M to settle personal loans class action
Class Actions 2019-10-21 2:31 pm By Cat Fredenburgh

Cash Converters has agreed to pay $42.5 million to settle a class action brought on behalf of consumers that took out personal loans, after reaching a $16.4 million settlement last year in a class action over interest charged on short-term loans.

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Judge approves BankSA class action settlement, awards law firm for prep work
Class Actions 2019-10-18 11:58 pm By Christine Caulfield

A judge has signed off on a settlement of a long-running class action against Westpac unit BankSA, and has ruled the law firm that brought the case has an equitable right to unpaid legal costs for investigating the case before it found a funder.

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Ex-Tennis Australia director can’t enforce ‘catch-all’ subpoenas for board member emails
ASIC 2019-10-18 11:25 pm By Christine Caulfield

Ex-Tennis Australia director and current Dentons partner Steve Healy, who is facing action by the corporate regulator over the broadcast rights to the Australian Open, has lost a bid for access to six years of emails between two other former board members.

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Full Court shoots down Fortescue’s appeal of native title ruling
Appeals 2019-10-18 9:44 pm By Cat Fredenburgh

Mining magnate Andrew Forest’s Fortescue Metals is facing a possible compensation claim after losing its appeal of a ruling that granted native title to to the Yinjibarndi people over a large section of land in the Pilbara region of Western Australia.

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Ashurst partner slams ruling from ‘confused’ judge in dispute with ex-judge neighbour
Restructuring & Insolvency 2019-10-18 9:03 pm By Miklos Bolza

A partner at Big Six firm Ashurst has challenged a NSW Supreme Court decision appointing liquidators to his Point Piper home in a protracted dispute with an ex-judge neighbour, saying the judge was confused and made an order which was an “affront to our system of adversarial justice”.

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