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Sanitarium, Rebel can’t sue UK insurer over promotion campaign
Contracts 2018-08-17 11:58 pm By Cat Fredenburgh

A court has dismissed proceedings filed by cereal giant Sanitarium and sports equipment retailer Rebel Sports against a UK-marketing company over a risk transfer agreement that promised to indemnify the companies for a recent joint promotion campaign. 

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Caesarstone wins trade mark fight for ‘honest concurrent use’
Intellectual Property 2018-08-17 11:52 pm By Miklos Bolza

Building products maker Caesarstone can register two trade marks despite their deceptive similarity to a mark by ceramic tile maker Ceramiche Caesar, a judge has ruled, after finding Caesarstone had shown honest concurrent use of the marks.

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Reckitt to seek relief from Nurofen judgment before Full Court
Appeals 2018-08-17 11:45 pm By Cat Fredenburgh

Reckitt Benckiser will try to convince the Full Federal Court on Monday that a judge got it wrong when he found it misled consumers with claims that Nurofen is a more effective pain killer than rival GlaxoSmithKline’s Panadol.

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Coles wins reduction in fine because slip-and-fall victim was on phone
Personal injury 2018-08-17 11:08 pm By Cat Fredenburgh

An appeals court has ruled grocery giant Coles is entitled to a reduction in a $688,000 personal injury judgment against it because the individual that brought the suit was on his phone at the time of the slip-and-fall incident.

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ASIC vows to pursue fees-for-no-service cases in court
Financial Services 2018-08-17 11:05 pm By Cat Fredenburgh

The corporate watchdog is planning to launch legal action soon over the banking industry’s fees for no service, and expects to secure $1 billion in compensation for customers, the Royal Commission heard Friday.

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Foodora enters administration, leaves landmark cases in limbo
Employment 2018-08-17 10:18 pm By Christine Caulfield

Two weeks after announcing it would pull out of Australia, delivery food company Foodora has gone into administration, putting the brakes on two unfair dismissal cases and a sham contracting action by the Fair Work Ombudsman.

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Judge gives RE/MAX, Resimax a week to settle trade mark fight
Intellectual Property 2018-08-17 9:37 pm By Miklos Bolza

After signalling last month they were close to resolving their trade mark dispute, real estate companies RE/MAX and Resimax have been been given one last chance — and one more week — to settle.

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ACCC hopes laundry cartel case will wash with Full Court
Appeals 2018-08-16 11:44 pm By Cat Fredenburgh

The Full Federal Court will hear arguments next week in an appeal by the ACCC over an alleged laundry detergent cartel, the first so-called hub and spoke case brought by the competition regulator.

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Casual worker with predictable roster entitled to annual leave, Full Court says
Employment 2018-08-16 11:08 pm By Christine Caulfield

A casual worker hired as a truck driver at a Rio Tinto coal mine was entitled to annual leave, the Full Federal Court said Friday in a landmark judgement that says employees on predictable, regular shifts are not casual even when employers give them the designation.

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ACCC puts Fairfax, Nine merger review on fast track
Competition & Consumer Protection 2018-08-16 9:09 pm By Cat Fredenburgh

The ACCC will decide by November 8 whether the proposed merger of Nine Entertainment with Fairfax Media raises competition concerns.

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