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IP Australia pours cold water on Vittoria’s ‘Victoria Coffee’ trade mark
Intellectual Property 2021-12-08 1:33 pm By Cindy Cameronne

Coffee giant Vittoria has lost its bid to register the trade mark “Victoria Coffee”, with IP Australia finding the mark could prevent other businesses from honestly describing coffee products by referring to the state of Victoria.

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Class closure question expected to go up to High Court
Class Actions 2021-12-06 3:56 pm By Christine Caulfield

More than 18 months after a split emerged among the courts, the Full Federal Court will weigh in on whether judges have power to shut out unregistered group members from a class action. But given the breadth of the question for the appeals court, the issue is unlikely to be resolved there.

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Lendlease loses bid for separate hearing in Acciona dispute over $160M deal
Competition & Consumer Protection 2021-12-06 3:51 pm By Miklos Bolza

A judge has ruled he will not consider a separate question on whether Acciona is barred from setting off any damages payable to Lendlease in a lawsuit over the $160 million sale of its engineering business.

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Full Court to weigh in on class closure in Boral class action
Class Actions 2021-12-03 3:50 pm By Miklos Bolza

The Full Court is set to examine whether the Federal Court has the power to make class closure orders prior to mediation, weighing on one of the biggest unanswered questions vexing the class action regime.

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ACCC trying to ‘fit a square peg into a round hole’ with bank cartel case, court hears
Competition & Consumer Protection 2021-12-03 4:59 pm By Cindy Cameronne

The ACCC has been accused of running a “experimental test case” that tries to fit the shares market within the scope of the Competition and Consumer Act with its criminal cartel case against Citigroup, Deutsche Bank and several prominent banking executives over a $2.5 billion ANZ share placement.

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‘No prospects of success’: Judge tosses COVID-19 class action over Victoria’s botched hotel quarantine
Class Actions 2021-12-02 11:43 am By Bianca Hrovat

Two landmark class actions seeking damages from the Victorian government for economic losses suffered during last year’s second wave of COVID-19 have been thrown out, but one of the cases will be given a second chance to proceed.

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‘Don’t panic’: JPMorgan boss tried to allay bank exec’s fears over shortfall, court told
Competition & Consumer Protection 2021-12-02 9:52 pm By Cindy Cameronne

JPMorgan Australia chairman Rob Priestley told Citigroup and Deutsche Bank executives not to “panic” about picking up a shortfall in the sale of ANZ shares, a court has heard in the ACCC’s criminal cartel case over a $2.5 billion ANZ share placement.

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Threat of class action reform prompts rush to court
Class Actions 2021-12-01 5:47 pm By Christine Caulfield

Fearing passage of a contentious bill in parliament that threatens to curb open class actions, plaintiffs law firms and funders have raced to court with new cases in the past two weeks.

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More casuals class actions to be dropped in wake of High Court’s Rossato decision
Employment 2021-12-01 3:35 pm By Miklos Bolza

Two law firms are seeking court approval to drop class actions brought on behalf of allegedly misclassified casual coal miners, in light of a High Court decision that “radically” decreased their chances of success.

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ACCC pressured ASIC to drop investigation into JPMorgan, court hears
Competition & Consumer Protection 2021-12-01 8:57 pm By Cindy Cameronne

A senior ACCC officer tried to dissuade ASIC from investigating alleged insider trading by JPMorgan because of fears it would “upset” the competition regulator’s criminal cartel case over a $2.5 billion ANZ share placement, a court has heard.

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