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Wicked Sister dessert maker suffers loss in trade mark battle
Intellectual Property 2020-08-10 5:54 pm By Miklos Bolza

The company that makes Wicked Sister desserts has suffered a defeat in its trade mark battle against the maker of Wicked dipping sauces, with a judge removing some of its trade marks from the register.

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AMP, CBA and Westpac accused of FOFA breaches in new class actions
Class Actions 2020-08-10 5:10 pm By Christine Caulfield

AMP, Commonwealth Bank and Westpac are facing potential class actions over commissions grandfathered by the FoFA reforms and the firms alleged failure to protect client interests. 

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Foxtel, Optus contractor criticises ‘opportunistic’ new sham contracting class action
Class Actions 2020-08-10 4:16 pm By Miklos Bolza

Communications and technical services company BSA Limited has slammed as “opportunistic” an employment class action by allegedly underpaid technicians, saying the media was informed of the proceedings before it was.

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HealthEngine urges approval of $2.9M fine, says it didn’t know altering reviews was unlawful
Competition & Consumer Protection 2020-08-10 12:05 pm By Miklos Bolza

Health booking company HealthEngine has urged the court to accept a $2.9 million penalty for deleting and altering unfavourable reviews, telling a judge that it did not know the behaviour was against the law.

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High Court won’t hear appeal by ex-Storm Financial directors
Appeals 2020-08-07 9:34 pm By Christine Caulfield

The High Court has denied a special leave application by the former directors of defunct financial advisory Storm Financial, after the Full Federal Court upheld a ruling finding they had breached their duties to eleven vulnerable investors by providing an inappropriate, one-size-fits-all model of investment advice.

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Judge slams parties in ANZ class action for ‘putting their pens down’
Class Actions 2020-08-07 6:34 pm By Alison Eveleigh

A judge has accused the parties in a class action against ANZ over the sale of allegedly worthless insurance  of “putting their pens down” and failing to advance the case until a strike out application is resolved.

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Opal Tower insurance stoush needs to be resolved for class action defence, court hears
Insurance 2020-08-07 5:53 pm By Miklos Bolza

The prefab concrete specialist behind Sydney’s Opal Tower, which has been targeted in a class action over the ill-fated building, has told a court that a dispute with its insurer should be resolved promptly so that it can defend itself in the proceedings.

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Fonterra may bring counter-claims in class action over milk prices
Class Actions 2020-08-07 5:18 pm By Miklos Bolza

Fonterra could bring counter-claims against dairy farmers that brought a class action alleging they were unpaid when the company slashed milk prices in 2016, a court has heard, after debt recovery proceedings by Fonterra against the lead applicants were joined with the class action.

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ASIC spent $1.8M on failed Westpac responsible lending case
Financial Services 2020-08-07 4:56 pm By Miklos Bolza

The Australian Securities and Investments Commission spent over $1.8 million in taxpayer funds investigating and prosecuting its now failed responsible lending case against Westpac.

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Unique legal carve out could see NAB class action moved to Federal Court
Class Actions 2020-08-07 4:50 pm By Alison Eveleigh

The lead applicant in a class action against two National Australia Bank units for alleged superannuation mismanagement wants the proceedings moved to the Federal Court over concerns the matter cannot run in the Victorian Supreme Court due to a unique statutory carve out.

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