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Virgin quashes Rex’s ‘Economy X’ trade mark
Intellectual Property 2023-05-03 4:32 pm By Cindy Cameronne

Virgin Australia has won its opposition to rival Regional Express’ bid to trade mark ‘Economy X’, with an IP Australia delegate finding Virgin had an earlier claim to ownership of an identical mark. 

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Nuix class action to go ahead despite ASIC case
Class Actions 2023-05-02 3:58 pm By Sam Matthews

A shareholder class action against software company Nuix will go ahead as planned, after a stay application threatened to put the proceeding on ice pending the outcome of a separate case brought by ASIC.

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Katy Perry loss shows fame no ticket to ride ‘roughshod’ over trade mark owners
Analysis 2023-05-01 12:36 pm By Christine Caulfield

An infringement ruling against US singer Katy Perry in a case brought by an Australian fashion designer is a “win for the little guy”, experts say, showing that fame doesn’t give celebrities a blank cheque to exploit their brand at the expense of someone’s else’s registered trade mark.

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High Court asked to weigh in on Toyota class action over defective diesel filters
Product Liability 2023-04-28 4:48 pm By Christine Caulfield

Damages for reduction in value under the Australian Consumer Law are at the centre of competing special leave applications to the High Court filed by Toyota and the lead applicant in a class action over defective diesel filters.

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Anti-money laundering regime a ‘blunt instrument’ to apply to lawyers
Analysis 2023-04-24 2:42 pm By Cindy Cameronne

Reforms that would make lawyers subject to the anti-money laundering and counter terrorism financing regime have received mixed reviews from legal professionals, with one expert saying the regime was a “blunt instrument” and could put lawyers in an ill-suited policing role. 

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‘Potentially difficult’: Lawyers weigh in on novel insolvency ruling
Restructuring & Insolvency 2023-04-19 1:29 pm By Sam Matthews

Senior restructuring and insolvency lawyers have welcomed a novel ruling that found a liquidator was entitled to claim his costs ahead of the preferred claims of company employees, but questions remain about the “potentially difficult” interaction between two conflicting priority regimes.

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ACCC says it’s too late for regrets in BlueScope price-fixing case
Competition & Consumer Protection 2023-04-12 10:39 pm By Sam Matthews

BlueScope Steel spent $27 million defending the ACCC’s claims that it engaged in serious cartel conduct in relation to the supply of flat steel products in Australia, and its apologies came too late to warrant a penalty discount, a court has heard.

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Judge ‘horrified’ at ATO involvement in distributing superannuation class action settlements
Class Actions 2023-04-05 12:52 pm By Cindy Cameronne

A judge overseeing a superannuation class action against two Westpac units that settled for $30 million has expressed concerns about the ATO’s potential involvement in distributing settlement funds, saying the department was unlikely to efficiently reunite group members with their money. 

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Star execs deny duty to ensure casino operator complied with law
Gaming 2023-03-30 5:08 pm By Sam Matthews

Eleven current and former Star Entertainment executives have refuted ASIC’s claims that they breached their duties in relation to the casino operator’s lax money laundering compliance, with all but two denying they had a duty to ensure the company complied with its legal obligations.

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Insurers score win in court battle over $695M Pacific Highway project
Insurance 2023-03-28 3:45 pm By Sam Matthews

The Full Court has found that a policy exclusion applies in a dispute between Acciona Infrastructure and Ferrovial Construction and three insurers over coverage for loss and damage caused by heavy rainfall during the construction of the $695 million Pacific Highway in northern New South Wales.

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