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Toll can’t escape worker’s second case over right to convert to full-time
Employment 2018-07-03 10:23 pm By Miklos Bolza

Toll Transport has lost a bid to dismiss a second proceeding brought against it by a freight handler who last year won the right to convert from a casual to a full-time position in a precedent setting ruling.

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ASIC opens Whitebox trial, keeps judge on toes
Securities 2018-07-02 11:06 pm By Miklos Bolza

The trial in ASIC’s complex share market manipulation action against Whitebox Trading began Monday, with an opening submission by the corporate regulator that at times had even the presiding judge scratching his head.

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7-Eleven can make private settlement offers to class members, court says
Class Actions 2018-07-02 10:50 pm By Cat Fredenburgh

A judge has found 7-Eleven is free to make confidential settlement offers to individual members in two class actions brought by franchisees, shooting down a bid by the applicants’ lawyers to get the court involved in the convenience store giant’s communications with class members.

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V Energy maker sees red, loses colour trademark battle with Coke
Intellectual Property 2018-07-02 10:39 pm By Christine Caulfield

The maker of V Energy drinks has lost a fight to trademark the shade of green used on its cans and labels, with a judge agreeing with rival Coca-Cola that the colour was descriptive, not distinctive.

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Mattel tells court transformable toys nothing new
Intellectual Property 2018-06-29 11:50 pm By Cat Fredenburgh

Toy giant Mattel is fighting back against claims that its Mecard toys violate Canadian toy company Spin Master’s patent for a toy transformation mechanism, claiming transformable toys are nothing new and that Spin Masters’ patent is invalid.

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D’Aquino Bros served suit for ‘flagrant’ infringement of Scotch Whisky trade mark
Intellectual Property 2018-06-29 10:49 pm By Miklos Bolza

Liquor distributor D’Aquino Bros has been taken to court again, accused for the fourth time of “flagrant” trade mark infringement for continuing to sell products under the name, Scotch Whisky.

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Murray Goulburn class can’t get docs to pursue Herbert Smith Freehills
Class Actions 2018-06-29 10:36 pm By Miklos Bolza

The lead applicant in a class action against Murray Goulburn has lost a bid for access to documents showing the dairy cooperative’s trust consulted with a QC about possible negligence claims against Herbert Smith Freehills.

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Ford class action trial date vacated for ‘procedural failures’
Class Actions 2018-06-28 11:52 pm By Cat Fredenburgh

The judge overseeing a massive class action against Ford over its PowerShift transmission has vacated the trial date, blaming the lead applicant’s numerous “procedural failures”.

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Soft-drink giants await ruling in trade mark war over colour green
Intellectual Property 2018-06-28 11:45 pm By Christine Caulfield

A ruling in a trademark battle between two beverage giants over a shade of green is set to be handed down next week, and the decision could provide fresh guidance on what a company needs to do to successfully claim a colour as a ‘badge of origin’.

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Judge fears tying Federal Court’s hands in AMP class action battle
Class Actions 2018-06-28 8:57 pm By Miklos Bolza

A NSW Supreme Court judge has voiced concerns in an unprecedented jurisdictional battle that a decision that leaves competing class actions against AMP still raging in separate courts may force the Federal Court into a corner.

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