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High Court appeal seeks total knockout of common fund orders
Appeals 2024-08-05 11:16 pm By Sam Matthews

The High Court has been asked to overturn a Full Court decision finding lawyers can take a cut from a class action settlement under a solicitorsā€™ common fund order and to finally settle the question of whether the court has the power to issue common fund orders at all.

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Firm accused of copying rivals’ class action pleadings loses IC Markets beauty parade
Class Actions 2024-08-02 10:13 am By Cat Fredenburgh

Two judges have declined to award carriage of a class action against International Capital Markets over risky derivative products to a firm accused of plagiarising its rivals’ pleading.

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AFL player Cyril Rioli brings race discrimination case against Hawthorn Football Club
Human Rights 2024-07-26 11:43 pm By Christine Caulfield

AFL player Cyril Rioli has launched legal action in the Federal Court against Hawthorn, accusing his former club of race discrimination in breach of the Australian Human Rights Act.

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Merricks Capital settles non-compete case with investment boutique, employees
Real Estate 2024-07-26 11:57 pm By Christine Caulfield

Investment manager Merricks Capital has resolved its case against a former managing director and two employees, who left the firm for a boutique run by financial commentator Peter Switzer and his son, Marty.

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Contingency fees for class action lawyers are allowed, says Full Court
Class Actions 2024-07-05 11:05 am By Cindy Cameronne

Lawyers are allowed to take a cut from a class action settlement or judgment under a so-called solicitorsā€™ common fund order, the Full Federal Court has ruled, saying they are a permissive use of the courtā€™s power.

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Noni B owner defends ACCC claims, blames COVID-19 for delivery delays
Competition & Consumer Protection 2024-07-05 1:51 pm By Sam Matthews

Fashion retailer Mosaic Brands has denied claims by the consumer cop that it failed to deliver hundreds of thousands of products to customers within advertised time frames, saying the delays were reasonable given COVID-19 and the failures of logistics and delivery partners, including Australia Post.Ā 

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Law firms take aim at rivalā€™s ‘copied’ pleadings in battle to run IC Markets class action
Class Actions 2024-07-04 11:08 pm By Sam Matthews

In a contest to run a class action against International Capital Markets over risky derivative products, a proposed consolidated proceeding has taken aim at third-to-file Banton Group for allegedly copying its case.Ā 

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In Wollemi appeal, Tesla CEO Robyn Denholm must prove it’s not just personal
Intellectual Property 2024-07-02 11:27 pm By Cat Fredenburgh

Tesla CEO Robyn Denholm has lodged an appeal that must convince the Federal Court that her family office’s use of the ‘Wollemi’ trade mark was not just private and personal, but use in trade or commerce that benefitted third parties, not just the family.

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Climate investment firm Wollemi beats Tesla CEO’s trade mark opposition
Intellectual Property 2024-06-17 11:54 pm By Cat Fredenburgh

CBA-backed climate venture capital firm Wollemi has defeated a challenge by Tesla CEO Robyn Denholm’s family office to registering its name as a trade mark, with a delegate finding the family’s private investment vehicle of the same name did not use the mark in trade or commerce.

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Hondaā€™s abandonment of dealership model not unconscionable, judge finds
Competition & Consumer Protection 2024-05-29 11:17 pm By Sam Matthews

A Melbourne car dealer has largely lost a consumer law case against Honda Australia over its decision to abandon a dealership model, but is set to receive compensation for over 2,600 new vehicles it could have sold if Honda hadnā€™t ended its five-year contract early.

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