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Multiplex wants Hastie liquidators to pay up for betting on set-off limitation
Restructuring & Insolvency 2019-11-15 10:33 pm By Christine Caulfield

Multiplex is calling for the liquidators of collapsed engineering services group Hastie to pay its costs, and pay now, for pursuing an action to recover millions of dollars in unpaid bills on the grounds that the construction company was not entitled to offset its debts with amounts owing.

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Caterpillar bares claws over Fiat-Chrysler’s ‘hellcat’ mark
Intellectual Property 2019-11-14 9:40 pm By Miklos Bolza

Construction equipment manufacturer Caterpillar Inc has lost a challenge to the registration of two ‘Hellcat’ trade marks by FCA Group, producer of well-known auto brands Fiat, Chrysler, Dodge, Jeep and Alfa Romeo.

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Google blasts ACCC’s ‘cherry-picked’ suit over data collection disclosures
Competition & Consumer Protection 2019-11-14 1:52 pm By Miklos Bolza

Google has slammed landmark regulatory action brought by the Australian Competition and Consumer Commission over the collection and use of location data on Android devices as “cherry-picked”, saying the watchdog had read alleged misstatements by the tech giant out of context.

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Ex-Murray Goulburn execs say judge should not disqualify them again
Securities 2019-11-13 11:27 pm By Miklos Bolza

The former chief financial officer of Murray Goulburn has asked a judge to relieve him from any disqualification order sought by the corporate watchdog in its case over his alleged role in the milk supplier’s continuous disclosure breaches, saying he is already the subject of orders that ban him from the dairy industry.

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Class action puts pressure on Icon for speedy resolution of Opal Tower insurance case
Class Actions 2019-11-12 4:23 pm By Miklos Bolza

Construction firm Icon Co has pressed the Federal Court for an expedited hearing in its case against insurers Liberty Mutual Insurance and QBE over the 2018 Opal Tower disaster, saying it wants to resolve the matter before a class action brought by apartment owners in building progresses too far.

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Major League Baseball takes another swing at Philip Morris trade mark
Intellectual Property 2019-11-08 4:43 pm By Miklos Bolza

American professional baseball organisation Major League Baseball is taking Philip Morris to court over the tobacco giant’s bid to extend protection for an international trade mark on the acronym ‘MLB’.

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ACCC to challenge dismissal of TPG case over non-refundable prepayments
Competition & Consumer Protection 2019-11-08 12:43 pm By Christine Caulfield

The consumer watchdog is appealing a ruling dismissing its case against TPG over contract terms that allowed the internet provider to keep customers’ unused prepaid funds on phone or internet plans.

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Icon denies QBE exclusions applied in Opal Tower disaster
Class Actions 2019-11-07 4:47 pm By Miklos Bolza

Construction firm Icon Co has rejected QBE Underwriting’s argument that exclusion clauses in coverage for Sydney’s Opal Tower meant the insurer did not have to indemnity it after a series of major cracks in the building led to the evacuation of thousands of residents on Christmas Eve last year.

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Designer appeals loss after court finds bikini style name not a trade mark
Intellectual Property 2019-11-06 7:06 pm By Christine Caulfield

Women’s fashion designer Pinnacle Runway is challenging a ruling that found a rival’s use of the name ‘Delphine’ to describe a bikini style did not constitute trade mark infringement, but the challenge might cost more than the fight is worth, after a judge found the company had already spent “many times more in legal costs” then it could hope to recover.

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Litigation funder throws off lawsuit seeking cut of $5M class action fee
Business of Law 2019-10-29 4:07 pm By Cat Fredenburgh

Lawfinance, formerly known as Just Kapital, has won summary dismissal of a lawsuit initiated by its founder seeking a piece of the funder’s $5 million cut of the $16.85 million Wickham securities class action settlement.

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