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Judge mulls joint trial of ACMA case, class action against Optus
Privacy & Cybersecurity 2024-06-14 3:35 pm By Sam Matthews

A judge overseeing several cases against Optus over a September 2022 data breach has raised the possibility of hearing a class action against the telco alongside new proceedings brought by the Australian Communications and Media Authority.

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AFL says players’ bid to join clubs to class action ‘legally misconceived’
Class Actions 2024-06-14 3:52 pm By Andy Sidler

The Australian Football League has panned as “legally misconceived” a bid to drag individual clubs into a class action against the league on behalf of football players who allegedly suffered brain injuries.

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United Petroleum sues On The Run for ‘unjustified’ trade mark infringement threats
Intellectual Property 2024-06-14 10:09 pm By Cindy Cameronne

Petrol chain United Petroleum has sued competitor On The Run for allegedly wrongly claiming its ‘Quickstop’ and ‘Cigmart’ marks infringe On The Run’s trade marks.

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Sharetea wins trial delay in trade mark case by global bubble tea giant
Intellectual Property 2024-06-14 11:50 pm By Sam Matthews

A judge has granted Australian bubble tea franchise Sharetea a third adjournment of a trial in a $10 million case brought by its Taiwanese franchisor, despite “very significant concern” that Sharetea’s director did not do everything in his power to find new lawyers in time.

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Apple can’t patent touchscreen interface
Intellectual Property 2024-06-14 4:03 pm By Cindy Cameronne

An IP Australia delegate has shot down Apple’s application to patent a touchscreen interface used on its electronic devices, calling the invention a “logistical scheme” for organising media files rather than a technological innovation. 

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Ex-CEO won’t claim ‘primary responsibility’ for Zambrero’s success
Competition & Consumer Protection 2024-06-14 11:04 pm By Sam Matthews

Mexican fast food giant Zambrero has settled misleading and deceptive conduct claims brought against ex-CEO Stuart Cook, who has agreed to refrain from representing that he is “primarily responsible” for the chain’s success. 

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Fees, commission to eat up half of $40M settlement in RCR Tomlinson class action
Class Actions 2024-06-13 4:27 pm By Cindy Cameronne

A judge has approved a $40 million settlement in a shareholder class action against collapsed engineering firm RCR Tomlinson, with almost half of the settlement to go towards a funder’s commission and legal fees. 

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Silk Norman O’Bryan can’t appeal findings of fraud in Banksia class action
Appeals 2024-06-13 11:08 pm By Christine Caulfield

Unable to convince an appeals court that a common law right of appeal exists, disgraced former barrister Norman O’Bryan has failed in his challenge to findings of fraud in a judgment stemming from the Banksia class action saga.

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Ord Minnett loses wealth adviser’s case over wage entitlements
Employment 2024-06-13 11:22 pm By Sam Matthews

Ord Minnett must pay years of wages and other entitlements to a wealth adviser who was only remunerated by commission payments, after a judge found he was covered by the finance industry award, in a decision that could reverberate throughout the industry. 

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‘We’re not a legal aid agency’: Judge says directors can’t rep investment firms
Financial Services 2024-06-13 2:57 pm By Sam Matthews

A judge has scorned a bid by the directors of John Bridgeman and JB Markets to represent the companies in a case brought by investment fund Benjamin Hornigold, suggesting the companies seek pro bono or community legal assistance.

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