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Aldi’s ‘wholly descriptive’ trade mark for clothing line revoked
Intellectual Property 2020-01-10 5:11 pm By Miklos Bolza

Aldi Foods’ trade mark for one of its clothing brands has been revoked, with an IP Australia delegate finding the mark is “wholly descriptive” and incapable of distinguishing its goods.

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Judge says no need to clarify referees’ role in PFAS class actions
Class Actions 2020-01-10 5:05 pm By Cat Fredenburgh

The judge overseeing three class actions against the Commonwealth alleging contamination from the use of toxic firefighting foam at three naval bases has shot down the plaintiffs’ bid for a formal communication reminding two referees of their role in the proceedings.

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Deutsche Bank units sue Spain to enforce $96.3M arbitration award
Energy & Natural Resources 2020-01-10 4:24 pm By Miklos Bolza

Two Deutsche Bank subsidiaries have filed Federal Court proceedings against Spain seeking enforcement of a €59.6 million ($96.3 million) award for losses incurred as a result of changes in the country’s renewable regulatory framework.

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NAB to face $750M in fines from AUSTRAC and ASIC actions, analysts predict
Financial Services 2020-01-10 2:04 pm By Miklos Bolza

National Australia Bank will be hit this year with an estimated $750 million in fines stemming from its fees for no service conduct and potential breaches of money laundering laws, analysts have predicted.

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High Court’s Chorley ruling dooms Tucker & Cowen partner’s costs bid
Business of Law 2020-01-10 11:30 am By Miklos Bolza

A court has slashed the costs awarded to a Tucker & Cowen name partner in a lawsuit brought by the liquidators of failed fund manager Equititrust, citing a recent High Court ruling that found self-represented lawyers cannot recover their own expenses.

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Top 10 class action settlements of 2019
Class Actions 2020-01-09 11:21 pm By Christine Caulfield

Companies and other defendants forked over big sums last year to settle more than 20 class actions, with a total of at least $734 million being paid out. Here are the top 10 class action settlements and the law firms and funders that negotiated them. 

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Liquidators of failed broker Berndale Capital want to grill former execs
Restructuring & Insolvency 2020-01-09 7:58 pm By Christine Caulfield

The liquidators of Melbourne-based forex trader Berndale Capital have filed examination proceedings in the Federal Court seeking to question the company’s former CEO and its other directors.

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Full Court says Oxworks wrongly awarded extra damages in patent suit
Intellectual Property 2020-01-09 5:14 pm By Miklos Bolza

The Full Federal Court has provided clarity around additional damages in patent cases by reducing the penalties liable to be paid by an Australian fencing and gate manufacturer found to have infringed a rival’s patent for a fence base.

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Bankruptcy trustee can rip up agreement giving litigation funder 85%
Restructuring & Insolvency 2020-01-09 2:42 pm By Miklos Bolza

A court has allowed a bankruptcy trustee to drop an “extremely disadvantageous” litigation funding agreement, which provided the funder with an 85 per cent commission, previously signed to pursue a Perth-based engineering and construction company.

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Elaine Stead hits Nine with defamation suit over Blue Sky coverage
Defamation 2020-01-09 1:31 pm By Miklos Bolza

Elaine Stead, venture capitalist and former executive director of doomed fund manager Blue Sky Alternative Investments, has filed defamation proceedings against Nine-owned Fairfax over a series of articles criticising her role in the company’s collapse.

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