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Climate change case should not be run as a class action, government argues
Class Actions 2021-04-08 4:51 pm By Miklos Bolza

The Commonwealth of Australia is seeking to remove all references to representative proceedings from a class action pleading that alleges the government failed to disclose the impacts of climate change to investors in sovereign bonds.

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Findex’s High Court challenge in case against former financial advisor falls flat
Accounting 2021-04-08 4:02 pm By Christine Caulfield

Accounting firm Findex Australia has lost a bid for the High Court to hear its case over a restraint provision against a former financial advisor found to have been unenforcable.

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Sizzler, Burger Urge lay down steak knives in trade mark battle
Intellectual Property 2021-04-08 3:16 pm By Christine Caulfield

Buffet dining pioneer Sizzler, which closed its last Australian restaurants in November, has settled a trade mark dispute with Brisbane-based chain Burger Urge over a chicken burger known as “the Sizzle”.

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Judge cuts class action applicant’s recovery under $19.25M Arasor settlement
Class Actions 2021-04-08 2:38 pm By Miklos Bolza

A judge has cut the money owed to the lead applicant in a securities class action against the directors and auditors of laser technology company Arasor from a $19.25 million settlement after a failed attempt to “re-litigate” a dispute over almost $400,000 in GST refunds.

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After invalidity ruling, law firm tries again with MySuper class action against NAB units
Class Actions 2021-04-08 1:50 pm By Christine Caulfield

Maurice Blackburn has brought a second class action against two NAB units over $6.3 billion in super funds, after the law firm’s first attempt was shut down by a state court as invalid.

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REA Group blocks trade mark bid by former Reserve Hotel director’s Real Estate Store
Intellectual Property 2021-04-08 11:02 am By Miklos Bolza

Global property giant REA Group has blocked a trade mark application by Real Estate Store, a new venture of a former director of Reserve Hotel Group, with IP Australia finding there was a “real and tangible danger” that consumers would think the companies were connected.

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J&J unit hit with second class action over pelvic mesh products
Class Actions 2021-04-07 9:06 pm By Cat Fredenburgh

Johnson & Johnson’s Ethicon unit is facing a second class action over its allegedly defective pelvic mesh products, following a landmark ruling that found the drug company did not adequately warn about the devices’ risks.

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Deloitte wants to keep lid on retirement talks in $3.8M age discrimination lawsuit
Employment 2021-04-07 5:47 pm By Cat Fredenburgh

Deloitte is seeking to set aside a subpoena for documents recording chats with partners about retirement after they turned 62, in a closely watched age discrimination lawsuit challenging the accounting firm’s mandatory retirement policy.

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Tandem class action members may have been misled by news about cross-claims, judge says
Class Actions 2021-04-07 5:13 pm By Cindy Cameronne

A judge has found that news articles published in the Herald Sun, Daily Mail and The Australian may have given group members in a class action against a Telstra contractor the ā€œwrong impressionā€ that they would be exposed to a cross-claim if they failed to opt out.

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Axed Slater & Gordon lawyer reprimanded for falsifying affidavits
Legal Ethics 2021-04-07 4:56 pm By Miklos Bolza

A former Slater & Gordon lawyer has been reprimanded by the Victorian Civil and Administrative Tribunal for “disgraceful and dishonourable” conduct in falsifying client affidavits but has avoided having her practicing certificate wholly suspended because of past mental health issues and current efforts at rehabilitation.

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