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Westpac class action funder wants $77M ‘windfall’, bank says
Class Actions 2018-05-29 9:49 pm By Miklos Bolza

If Shine Lawyer’s upper damage estimate of $259 million is correct, the funder backing the Westpac life insurance class action would be entitled to a “windfall” of $77 million, the bank told the Federal Court Tuesday.

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Competing class actions: Permanent stays and claim selection
Expert Insights 2018-05-29 6:15 pm By

The recent decision of the Federal Court of Australia in GetSwift to permanently stay two out of three competing class action claims and to select the claim allowed to go forward represents a significant development in class action litigation in Australia.

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Chinese restaurant chain wins injunction in franchise trademark dispute
Franchises 2018-05-29 3:02 pm By Cat Fredenburgh

A Federal Court judge has granted Chinese restaurant chain Tim Ho Wan’s bid for a temporary injunction in a dispute over trademark rights assigned through a franchise agreement. 

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Airline settles with brain surgeon over jammed pinky finger
Competition & Consumer Protection 2018-05-29 2:33 pm By Christine Caulfield

Austrian Airlines has resolved a case brought by a brain surgeon who claimed his pinky finger was permanently damaged after it was caught in a fold-out tray table during a flight.

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Fair Work Ombudsman wins accessorial liability fine against MCG cleaner
Employment 2018-05-29 11:45 am By Christine Caulfield

A surprise, late-night visit by Fair Work inspectors to the Melbourne Cricket Ground has led to a fine against a global cleaning company for a subcontractor’s underpayment of staff, one of the first accessorial liability fines secured by the Ombudsman.

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Actavis, AstraZeneca resolve Crestor patent battle
Intellectual Property 2018-05-28 11:45 pm By Christine Caulfield

Generic drug giant Actavis Global has reached a settlement with AstraZeneca in a long-running patent dispute over blockbuster cholesterol medicine Crestor that wound its way to the High Court.

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TM reputation irrelevant in deceptively similar cases, court hears
Intellectual Property 2018-05-28 10:34 pm By Miklos Bolza

A trade mark’s reputation is beside the point in an infringement claim alleging deceptive similarity, the Full Federal Court heard Monday in an appeal of a case involving two of Australia’s biggest meat processing and distribution companies.

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Catch Group sues Kogan over ‘catch’ AdWords
Intellectual Property 2018-05-28 10:12 pm By Cat Fredenburgh

E-retailer Catch Group has sued competitor Kogan, saying the online retailer is violating its “catch” trademarks and the consumer law through sponsored links on Google driven by phrases using the word “catch”.

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Passenger sues Virgin Australia over bumpy landing
Competition & Consumer Protection 2018-05-28 9:18 pm By Cat Fredenburgh

A 64-year-old woman has sued Virgin Australia over injuries allegedly sustained as a result of a bumpy landing on a domestic flight.

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Employers on notice after FWO’s win in race discrimination case
Employment 2018-05-28 2:57 pm By Cat Fredenburgh

Fresh off a win in its first race discrimination case, the Fair Work Ombudsman has issued a warning to employers that discriminate against workers on the basis of race: we will come after you.

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