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Full Court revives Finish Powerball trade marks, but it’s not a clean victory
Intellectual Property 2024-02-16 4:56 pm By Cindy Cameronne

The maker of Finish dishwashing products, RB Hygiene, has won a partial appeal in a trade mark stoush with rival Henkel, with the Full Court reviving two of its trade marks but rejecting its challenge to a logo for competing Somat-branded products.

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‘Not something we could ever agree to’: Applicant fights soft class closure in AMP case
Class Actions 2024-02-16 3:26 pm By Sam Matthews

The applicant in a class action against four AMP subsidiaries and two trustees over alleged excessive superannuation fees has flagged its opposition to soft class closure, saying it would be “completely inappropriate” to require the large class of up to two million group members to register ahead of mediation. 

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Instagram to accuse Melbourne start-up of violating US data security law
Technology 2024-02-16 1:46 pm By Cindy Cameronne

Instagram is planning to hit Dialogue Consulting with a cross-claim that accuses the Melbourne social media start-up of breaching US law related to the protection of users’ data and engaging in misleading or deceptive conduct.

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Tyro secures $10M settlement in restraint of trade case against Lightspeed unit
Fintech 2024-02-16 5:52 pm By Cat Fredenburgh

EFTPOS provider Tyro has secured a $10 million settlement in a lawsuit accusing a unit of Canadian firm Lightspeed of violating a restraint of trade clause by encouraging Tyro customers to adopt its own competing payment system.

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Company can’t duck service of $2.5M lawsuit via solicitors, judge says
Energy & Natural Resources 2024-02-16 11:53 pm By Sam Matthews

A Norwegian company can’t dodge service of a $2.5 million lawsuit via its Australian solicitors, failing in its argument that exceptional circumstances are needed to avoid the more lengthy and costly process of serving it in its home country.

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CBA hit with record $10M penalty for underpaying 7,400 employees
Employment 2024-02-15 11:14 pm By Cat Fredenburgh

Commonwealth Bank of Australia and subsidiary CommSec have been hit with $10.34 million in penalties — the highest ever imposed in enforcement action by the workplace regulator — after admitting it underpaid thousands of employees more than $16 million.

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ASIC sued by Forex liquidators looking to claw back $20M fine
Restructuring & Insolvency 2024-02-15 5:32 pm By Sam Matthews

In a case believed to be the first of its kind, the liquidators of boiler room trader Forex Capital Trading have sued ASIC, seeking to claw back over $20 million in fines and costs they says constituted unfair preference payments and should be distributed among the company’s out-of-pocket clients. 

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‘And so it ends’: Prominent judge quits in open court after DPP complaint
Courts 2024-02-14 11:31 pm By Christine Caulfield

A high-profile criminal judge in Victoria has stunned a courtroom with his announcement from the bench that he would resign after learning of a DPP complaint to the state’s judicial commission over his handling of a case linked to the Eastern Freeway accident that killed four police officers.

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Judge vindicates Lisa Wilkinson’s decision to ditch Ten’s legal team
Defamation 2024-02-14 5:13 pm By Sam Matthews

A judge has found that Lisa Wilkinson acted reasonably in ditching Network Ten’s legal team in a defamation case brought by Bruce Lehrmann, noting the “distrust” between the presenter and her former employer as well as other matters, including a retainer Ten’s solicitors had with The Australian newspaper. 

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Mazda ordered to pay $11.5M for ‘appalling’ customer service
Competition & Consumer Protection 2024-02-14 3:26 pm By Cat Fredenburgh

Mazda has been ordered to pay $11.5 million after a court found the Japanese car maker engaged in “appalling” customer service and misled nine purchasers of defective vehicles about their entitlement to a refund or replacement under the Australian Consumer Law.

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