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Judge won’t hold separate hearing on survival of claim against late Banksia cost consultant
Class Actions 2020-11-05 1:12 pm By Christine Caulfield

A judge overseeing the misconduct trial in the Banksia Securities class action has rejected a bid by a lawyer for the deceased cost consultant in the case to separately determine whether a cause of action survives his death.

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Craft brewery can’t overturn cancellation of ‘Urban Ale’ trade mark
Intellectual Property 2020-11-04 7:00 pm By Miklos Bolza

A Melbourne-based craft brewery has failed to save its ‘Urban Ale’ trade mark, with the Full Federal Court dismissing its appeal and finding that a judgment ordering the cancellation of the mark was correct.

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Uber’s in-house lawyers must hand over emails in taxi driver class action
Class Actions 2020-11-04 6:13 pm By Miklos Bolza

Rideshare giant Uber Technologies has lost a bid to keep its in-house legal team from handing over emails to a class action brought by Australian taxi drivers as well as the company behind the GoCatch taxi app.

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Manolo Blahnik wins discovery for potential knockoff suit against Sydney outlet
Intellectual Property 2020-11-04 4:09 pm By Spencer Fowler Steen

Luxury shoe designer Manolo Blahnik has won a preliminary discovery application seeking information from Sydney designer outlet, Estro, for a possible lawsuit over the “extremely concerning” sale of alleged knock-off shoes.

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Elaine Stead wants court to force AFR columnist to produce confidential source docs
Defamation 2020-11-04 3:37 pm By Christine Caulfield

Venture capitalist Elaine Stead wants Australian Financial Review columnist Joe Aston to hand over documents connected to confidential sources, and says Aston can’t rely on a journalist’s privilege protecting the identity of informants.

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Rio Tinto execs want ASIC trial vacated due to COVID-19
Energy & Natural Resources 2020-11-04 2:21 pm By Cat Fredenburgh

Two former executives of mining giant Rio Tinto accused by ASIC of breaching their directors duties have asked the court to vacate an upcoming trial, after raising concerns that COVID-19 could affect their ability to appear.

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Ex-Tennis Australia director Harold Mitchell must pay $90,000 in ASIC case
ASIC 2020-11-04 12:47 pm By Miklos Bolza

The Federal Court has ordered former Tennis Australia director Harold Mitchell to pay a $90,000 penalty after a “narrow” win for ASIC in its case over the domestic broadcast rights to the Australian Open.

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Trivago loses appeal of ruling it misled consumers over hotel listings
Competition & Consumer Protection 2020-11-04 12:04 pm By Christine Caulfield

Hotel booking aggregator Trivago has lost its challenge to a court ruling that it misled consumers over its ranking of travel accommodation, in what the consumer regulator hailed as a win for consumers and a warning to comparison sites.

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ANZ looks to shut down rate-rigging whistleblower’s lawsuit
Employment 2020-11-03 10:31 pm By Spencer Fowler Steen

ANZ is gunning for a lawsuit alleging it dismissed a former director of trading after he complained about rate-rigging to be thrown out before trial.

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COVID-19 eviction moratorium doesn’t apply to lease breach unrelated to rent, court finds
COVID-19 2020-11-03 5:08 pm By Miklos Bolza

Two Sydney-based companies have lost a bid to reinstate their commercial lease, with a judge rejecting submissions that the COVID-19 moratorium on evictions applied to rental agreement breaches that did not relate to rent. In a judgment delivered on October 28, NSW Supreme Court Justice Geoff Lindsay rejected an interlocutory application by First Renewable and…

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