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ASIC, NAB clash over $10M penalty exposes ‘vague status’ of concise claims, judge says
Financial Services 2023-06-06 3:53 pm By Sam Matthews

NAB has told a court it should pay a $2 million penalty — not the $10 million proposed by ASICĀ  — for engaging in unconscionable conduct by overcharging customers, saying the exact words used in the regulator’s concise statement accuse it only of a single contravention.

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Dell admits duping customers about price of add-on monitors, says sorry
Competition & Consumer Protection 2023-06-06 3:14 pm By Gareth Baker

Dell Australia has apologised to consumers and admitted misleading those who purchased add-on computer monitors by inflating the pre-discount price, sometimes to more than the productā€™s normal retail value.

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Targets of Pokemon’s IP lawsuit were victims of identity theft, court told
Intellectual Property 2023-06-02 3:04 pm By Christine Caulfield

The defendants in a trade mark infringement case by the Pokemon Company were the victims of identity theft and were wrongly named in the suit, a court has heard.

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Zip wins high-stakes trade mark stoush with Firstmac
Intellectual Property 2023-06-01 11:51 pm By Sam Matthews

Buy now, pay later giant Zip Co has successfully defended a lawsuit over its use of Firstmac’s ‘Zip’ trade mark and won its bid to have the mortgage providerā€™s mark removed for non-use.

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Virgin class action wants DOCA indemnity clause amended to reflect ‘what creditors were told’
Restructuring & Insolvency 2023-05-31 4:39 pm By Sam Matthews

A class action of bond holders accusing Virgin Australia of failing to disclose its true financial position in a 2019 prospectus for a capital raising wants a contentious indemnity clause in the airline’s DOCA narrowed, in proceedings a judge has said ā€œincreasingly resemble a farce”.

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Concert promoterā€™s case against TEG over One Direction tour goes south
Entertainment 2023-05-26 4:46 pm By Cindy Cameronne

Concert promoter Mark Filby has lost his case against former Nine unit TEG Live, alleging that it nabbed his idea when it partnered with Coles to promote a 2013 Australian tour by English-Irish boy band One Direction.Ā 

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Docs produced in arbitration can be used in Rinehart family court battle
Energy & Natural Resources 2023-05-26 2:56 pm By Sam Matthews

A judge has allowed two of Gina Rinehartā€™s children to use documents produced in private arbitration for their defence in court proceedings over ownership of a valuable mining tenement.

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Judge tosses suit over $2M sale of cloud tech provider Experteq
Contracts 2023-05-23 9:32 pm By Sam Matthews

A judge has declined Expert Groupā€™s bid to bring court proceedings about the amount of an earn-out owed under its agreement to sell cloud services provider Experteq IT Services, finding the firm had agreed to resolve the matter by expert determination.

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Corrs Chambers not required to disclose involvement in drafting expert report: Full Court
Legal Ethics 2023-05-19 11:36 pm By Sam Matthews

An appeals court has said that while it might be desirable for law firms to disclose their involvement in drafting expert reports, they are not legally obligated to do so, overturning a finding that Corrs Chambers Westgarth went ā€œfar beyond the permissible scopeā€ of involvement in a report prepared for a trade secrets case.

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Linchpin class action concerned about ‘authenticity’ of evidence for trial
Restructuring & Insolvency 2023-05-17 1:33 pm By Cindy Cameronne

The applicant in an investor class action over the collapse of advisory firm Linchpin Capital and Endeavour Securities has raised concerns about the authenticity of Linchpin’s business records, which it wants to put into evidence at trial in two months.

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