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Flexigroup tries again to overcome Zip opposition to ‘no interest’ trade mark
Intellectual Property 2020-10-19 9:46 am By Cat Fredenburgh

Fintech Flexigroup has appealed rival Zip Co’s successful opposition to its ‘No Interest Ever!’ trade mark, which an IP Australia delegate found was a laudatory phrase incapable of distinguishing the goods of a single trader.

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CFMEU wins Full Court challenge to ‘serial offender’ penalty
Employment 2020-10-16 11:52 pm By Christine Caulfield

A history of serial offending by the CFMEU could be factored into a court’s finding on the gravity of later breaches of the Fair Work Act, but not to the extent that the union pays a disproportionate penalty, the Full Federal Court has found in a significant ruling that settles conflicting case law.

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Judge backs ASIC plan to ban OTC binary options as issuers hit with $75M penalty
Financial Services 2020-10-16 4:52 pm By Christine Caulfield

Over-the-counter derivative issuers AGM Markets, OT Markets and Oxifin Tech have been ordered to pay a total of $75 million in penalties after a ruling that they engaged in unconscionable conduct causing losses of over $30 million to unsophisticated investors seeking what a judge called “financial heroin hits”.

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Chubb wouldn’t want survival of Opal Tower concrete specialist on conscience, judge says
Insurance 2020-10-16 2:39 pm By Miklos Bolza

The chief judge of the Federal Court has told Chubb Insurance to consider whether it wants to be held responsible for the commercial viability of Evolution Precast Systems, which has been denied coverage over the ill-fated Opal Tower and faces myriad legal claims.

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Daily Mail ‘set up’ sports journalist Erin Molan and sparked public firestorm, court hears
Defamation 2020-10-16 12:42 pm By Miklos Bolza

The Daily Mail’s concerted campaign against Erin Molan was a set-up that damaged her reputation and sparked a public “firestorm” against the Nine sports reporter, the Federal Court has heard.

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Litigation funder a ‘stranger’ in S&P class action, not entitled to docs, judge says
Class Actions 2020-10-16 12:21 pm By Christine Caulfield

The litigation funder embroiled in a contractual dispute with a lead applicant in a class action against S&P Global is a stranger to the proceeding and has no right to demand to be served an application to pause the case pending the outcome of the contract spat, a judge has said.

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Judge consolidates class actions against Treasury Wine, appoints referee to police costs
Class Actions 2020-10-15 10:35 pm By Christine Caulfield

A judge has agreed to consolidate two shareholder class actions against Treasury Wine Estates over an earnings downgrade in January and will let two law firms jointly run the case, over the winemaker’s objections.

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‘Horse has bolted’: Lawyer Alex Elliott waived right to silence in Banksia case, court hears
Class Actions 2020-10-15 7:10 pm By Christine Caulfield

Lawyer Alex Elliott can’t refuse to hand over evidence in the Banksia class action on the grounds of privilege against self incrimination or exposure to penalty because he waived privilege when he produced the documents to lawyers for his late father’s funder, a court has been told.

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Court issues mixed ruling in Merck Sharp & Dohme, Pfizer vaccine patent battle
Intellectual Property 2020-10-15 4:47 pm By Miklos Bolza

Pharmaceutical rivals Merck Sharp & Dohme and Pfizer have both suffered a blow in their efforts to patent a better pneumococcal vaccine, with a judge upholding both infringement and invalidity claims in the long-running case over the blockbuster Prevnar 13 vaccine.

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High Court won’t review $280,000 defamation award to lawyer branded ‘Centrelink cheat’
Defamation 2020-10-15 3:03 pm By Cat Fredenburgh

The High Court has declined to review $280,000 in damages awarded to a lawyer, after an appeals court found a Today Tonight segment labelling her a “Centrelink cheat” was defamatory.

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