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Litigation funder not on hook for costs in failed Airservices class action
Class Actions 2021-03-31 3:01 pm By Christine Caulfield

The litigation funder that backed a dismissed employment class action against aviation service provider Airservices Australia has successfully argued that it should not bear the company’s costs of defending the case

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IP Australia on the Rolling Stones’ side in trade mark battle over ‘Jagger & Stone’
Intellectual Property 2021-03-30 9:07 pm By Christine Caulfield

The Rolling Stones has successfully opposed registration of the ‘Jagger & Stone’ clothing trade mark in Australia, with a delegate finding the name was designed to “springboard” off the UK rock band’s worldwide fame.

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JM Kelly’s negligence case against former accountant should go to trial, judge rules
Construction 2021-03-30 6:51 pm By Cindy Cameronne

A judge has refused to summarily dismiss proceedings by collapsed construction group JM Kelly against its former accountant, finding it was an issue for trial whether he caused the company to continue operating despite financial issues leading to its liquidation.

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‘Millions of dollars of cash in bags’: Cryptocurrency trader wins lawsuit against fraudster
Financial Services 2021-03-30 4:39 pm By Miklos Bolza

A cryptocurrency trader has won judgment of over $1.96 million in a NSW Supreme Court lawsuit against companies owned by a convicted fraudster over a deal involving “millions of dollars of cash in bags and suitcases” and a settlement that was reached and then ignored.

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ANZ admits flex commission dealers ‘encouraged’ to offer loans with interest above base rate
Class Actions 2021-03-30 4:26 pm By Christine Caulfield

Banking giant ANZ, which is facing a class action over a flex commissions scheme by its former car finance business, has admitted that the calculation of car dealers’ commission was aimed at encouraging loans with interest above a “base rate”.

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Four months out from trial in 20-year-old trade mark spat, judge won’t add defendant
Intellectual Property 2021-03-30 2:48 pm By Miklos Bolza

A judge has denied an application by industrial filter manufacturer Laminar Air Flow to add a new respondent in a long-running trade mark dispute against rival Vokes Ltd, with a judge finding the company had provided no explanation as to why the bid was made just four months before trial.

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Capilano Honey, CEO awarded $175,000 in ‘toxic honey’ defamation case
Defamation 2021-03-30 2:47 pm By Cindy Cameronne

The manufacturer of Capilano honey has won its lawsuit alleging defamation over articles that called the product “toxic” and “polluted”.

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McDonald’s franchisee says 10-minute paid rest breaks could be split up over shift
Employment 2021-03-30 12:51 pm By Cat Fredenburgh

A McDonald’s franchisee accused of failing to give employees paid rest breaks has hit back at a lawsuit filed by the retail workers’ union, arguing its employees took their entitled breaks, but sometimes in a “non-continuous” manner.

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Arnott’s, Campbell won’t use ‘Plantly’ logo while TM infringement case simmers
Intellectual Property 2021-03-30 11:55 am By Christine Caulfield

Food giants Arnott’s and Campbell will stop using their ‘Plantly’ logo on any new products pending the resolution of a trade mark infringement lawsuit brought by rival Goodman Fielder.

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Builder not on the hook for $12M in damages for Lacrosse building fire, appeals court says
Construction 2021-03-29 3:58 pm By Cindy Cameronne

An appeals court has found that building company LU Simon should not pay $12 million in damages for a 2014 fire which broke out in Melbourne’s Lacrosse tower and was accelerated by Alucobest cladding panels since the company had relied on consultants’ advice in choosing the cladding material.

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