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PR firm published ‘evil’ image to hurt United Petroleum in class action, suit claims
Intellectual Property 2024-08-15 11:45 pm By Cat Fredenburgh

The PR firm for a franchisee class action against United Petroleum has been sued for allegedly distributing an image to group members that depicted the petrol giant as “evil” and was allegedly intended to harm its position in the class action.

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Judges don’t have to give ‘running commentary’ on oral submissions, court says
Courts 2024-08-15 11:02 pm By Sam Matthews

An appeals court has rejected oOh!media’s claim that it was denied procedural fairness in a dispute with Transport for NSW, saying judges are not required to give a “running commentary” on oral submissions and that counsel must be “constantly alert” when appearing in court.

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GM can’t ‘walk away’ from language of settlement with class action plaintiff: appeals court
Class Actions 2024-08-15 11:03 pm By Sam Matthews

General Motors has failed to overturn a decision that put it on the hook for the applicant’s full costs in a partial settlement in a class action on behalf of Holden dealers, with an appeals court finding GM could not “walk away” from the ordinary meaning of the phrase ‘the plaintiff’s costs of the proceedings’.

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Trader alleges bullying, death threats in unfair dismissal case against CMC Markets
Employment 2024-08-15 2:39 pm By Cindy Cameronne

A Sydney trader has brought an unfair dismissal case against CMC Markets, alleging his manager threatened his job and life after he complained about a shortfall in bonuses totalling more than $500,000.

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Fanatics wins timeout amid appeal of loss to AFL merchandise maker
Appeals 2024-08-15 11:55 pm By Cindy Cameronne

A judge has granted a limited stay of an injunction against US sports merchandise Fanatics after AFL merchandise maker FanFirm won its case alleging the US company knew about its ‘Fanatics’ trade marks.

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Judges not constrained by unconscionable conduct checklist, High Court finds
Competition & Consumer Protection 2024-08-14 11:56 pm By Cat Fredenburgh

The High Court has rejected an appeal by Captain Cook College of a finding that it engaged in systemic unconscionable conduct by enrolling thousands of unsuitable students, finding courts are not constrained by factors the consumer law says it “may consider” in deciding if conduct rises to the level of unconscionability.

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ASIC suit alleges ASX made misleading statements about CHESS replacement
ASIC 2024-08-14 10:49 am By Sam Matthews

The corporate regulator has taken market operator ASX to court for allegedly making misleading statements about the replacement project for its CHESS share register, including that the project was on track to go live in April 2023. 

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Moray & Agnew settles suit alleging it was 6 years late with costs agreement
Business of Law 2024-08-14 11:54 pm By Cat Fredenburgh

A former client of Moray & Agnew alleges the law firm waited six years after taking instructions before providing it with a costs agreement, claiming it racked up a $330,000 legal bill during this time.

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Second Super Retail whistleblower comes forward, as court rejects bid to redact lawyer’s case
Employment 2024-08-14 11:18 pm By Cindy Cameronne

Super Retail Group has lost a bid to suppress parts of a case by former chief legal officer and company secretary Rebecca Farrell, who says she was sacked in May following complaints of corporate goverance issues, as a second senior employee steps up to back her former colleague’s claims.

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High Court upholds court’s power to set aside arbitration ruling in $130M spat with Chevron
High Court 2024-08-14 10:42 pm By Sam Matthews

The High Court has rejected an appeal from a joint venture that provided work on Chevron’s Gorgon liquified natural gas project that argued the Western Australia appeals court lacked power to uphold a ruling that set aside an arbitration ruling in a $130 million dispute over the project.

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