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Settlement in class action against CIMIC unit wins approval
Employment 2023-06-13 4:41 pm By Christine Caulfield

A $438,000 settlement in a class action accusing a unit of engineering company CIMIC of underpaying casual aluminium construction and manufacturing workers has won court approval.

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Insurers ‘can’t say’ if they will cover Blue Sky class action claims
Class Actions 2023-06-09 9:17 pm By Cindy Cameronne

A judge has avoided a fight “with the High Court written all over it” over whether an investor class action against Blue Sky Alternative Investments and auditor EY can join four insurers to the case.

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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 ASIC  — 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 product’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 provider’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 “increasingly resemble a farce”.

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Concert promoter’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. 

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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 Rinehart’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 Group’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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