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Colette administrators not liable for rent payments in COVID-19 downturn, court rules
Restructuring & Insolvency 2020-04-15 8:12 pm By Christine Caulfield

Administrators of collapsed retailer Colette by Colette Hayman will not have to pay over $714,000 in rent after court ruled that a temporary rent freeze in light of the COVID-19 crisis was in the interests of the company’s creditors.

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High Court quashes AFP warrant used to raid News Corp journalistā€™s home
Media 2020-04-15 8:06 pm By Christine Caulfield

The High Court has quashed a search warrant obtained by the Australian Federal Police and used to raid a News Corp journalistā€™s home, but did not go so far as to order the return or destruction of documents obtained in the raid.

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Facebook, Instagram to seek stay of competition case by Aussie social media startup
Competition & Consumer Protection 2020-04-15 4:26 pm By Miklos Bolza

Facebook and its subsidiary Instagram will call for a stay of a Federal Court competition lawsuit brought by an Australian social media startup as it seeks to arbitrate the matter under Californian law.

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Shine Lawyers’ attempt at video opt-out notice not a Golden Globe winner, judge teases
Class Actions 2020-04-15 3:38 pm By Miklos Bolza

A Federal Court judge has praised an attempt by Shine Lawyer’s head of litigation to create an audio-visual opt out notice for its insurance class action against Westpac, but jokingly remarked that her performance would not win her any acting plaudits.

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Payday lender Cigno loses challenge to ASIC ban on short-term credit lending
Financial Services 2020-04-15 3:20 pm By Christine Caulfield

Payday lender Cigno has lost a challenge to the corporate regulator’s first action under powers to prohibit ‘predatory’ financial products that targeted its model of short-term credit lending.

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COVID-19 could push Country Care cartel trial to next year
Competition & Consumer Protection 2020-04-15 1:59 pm By Alison Eveleigh

The jury trial for a criminal cartel case against mobility equipment provider Country Care and two employees is unlikely to start before next year due to restrictions on jury trials caused by the coronavirus pandemic, a judge has said.

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Top silk to lead NSW government inquiry into Ruby Princess cruise ship
Class Actions 2020-04-15 1:33 pm By Christine Caulfield

A leading barrister has been appointed by the NSW premier to head an inquiry to investigate the docking and disembarking of the Ruby Princess cruise ship, now linked to 18 COVID-19 related deaths.

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Trade mark blues: Italian consortiums fail to protect their cheeses Ā Ā 
Intellectual Property 2020-04-14 8:15 pm By Alison Eveleigh

Two Italian cheese consortiums have failed in separate bids to trade mark their respective cheeses, Gorgonzola and Asiago, with delegates ruling the trade marks were not capable of distinguishing each consortiumā€™s products from other cheeses.

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CFMEU hit with $3M judgment for industrial action against Chevron
Employment 2020-04-14 6:10 pm By Alison Eveleigh

Chevron has won a $3 million judgment against the Construction, Forestry, Maritime, Mining and Energy Union, after a court found the Maritime Union of Australia, now part of the CFMEU, engaged in unlawful industrial action in opposing the energy giantā€™s use of foreign crews.

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Class can’t access insurance docs in action over ‘illusory’ car warranties
Class Actions 2020-04-14 5:23 pm By Miklos Bolza

The applicant in a $47.6 million class action against a unit of car leasing company McMillan Shakespeare has been denied access to insurance documents sought to determine the value of the case, with a judge saying access would “distort the playing field”.

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