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Businessman Charif Kazal gets last chance to fix ‘incomprehensible’ case against Gilbert + Tobin
Corporate 2019-09-24 7:48 pm By Amelia Birnie

A judge has given Sydney businessman Charif Kazal a third and final opportunity to replead his “simply incomprehensible” case against Gilbert + Tobin over the law firm’s involvement in a business dispute concerning a lucrative waste facility, despite saying it took “an entire week to understand the arcane obscurities” of the pleading.

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I can’t believe it’s not milk: Vitasoy wins right to trade mark ‘Growing Milk’ slogan
Intellectual Property 2019-09-24 4:32 pm By Amelia Birnie

Dairy giant Fonterra has lost its bid to stop Vitasoy from registering its slogan ‘Growing Milk Since 1940’ as a trade mark, after unsuccessfully arguing that consumers would be misled by the lack of animal milk in Vitasoy’s soy and almond milk products.

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Funder succeeds in declaration enforcing its class action agreements
Expert Insights 2019-09-24 1:33 pm By Editor

This month’s decision by the Queensland Supreme Court confirming the validity of the class action funding business model in jurisdictions whose legislatures have not abolished the tort of maintenance and champerty is a landmark one, writes Piper Alderman partners Greg Whyte and Lillian Rizio.

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Nanny paid $2.33 an hour was not employee but ‘guest’ of CEO’s family, court told
Employment 2019-09-24 1:25 pm By Amelia Birnie

A major property development CEO accused of paying his Filipino nanny $2.33 an hour has denied underpayment allegations, instead claiming the woman was a “guest of the family” who was “free to decide” whether or not she wished to provide domestic assistance.

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Lawyers behind competing Workpac class action in talks to jointly-run cases
Class Actions 2019-09-23 10:26 pm By Christine Caulfield

The judge overseeing competing employment class actions on behalf of casual coal miners against WorkPac has ordered the law firms running the cases to consider a proposal to jointly run the proceedings.

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Provisional liquidators appointed to Merlin Diamonds to investigate concerns of ‘serious mismanagement’
Restructuring & Insolvency 2019-09-23 8:55 pm By Amelia Birnie

A judge has appointed provisional liquidators to ‘Diamond Joe’ Gutnick’s mining company Merlin Diamonds, after finding evidence of “serious mismanagement” and citing an urgent need to investigate the company’s books.

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Lloyd’s loses bid for quick dismissal of NAB’s $655M insurance lawsuit
Insurance 2019-09-23 8:46 pm By Cat Fredenburgh

Three syndicates of Lloyd’s London have failed in their bid to toss a case brought by National Australia Bank seeking £357 million ($655 million) in insurance claims relating to two consumer redress schemes in the UK.

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Ex-BlueScope OH&S manager was overlooked for VP role because he’s a man, court told
Employment 2019-09-23 8:31 pm By Christine Caulfield

A former BlueScope global health and safety manager wants to add an indirect gender discrimination claim to his employment case against the steel giant, alleging he was overlooked for a senior role because the company wanted to fill its diversity quota.

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‘We want to send a message to the courts’: ACCC’s Sims flags importance of potential competition in merger review
Competition & Consumer Protection 2019-09-23 4:08 pm By Miklos Bolza

The ACCC’s recommended changes to the merger review framework that would require regulators to weigh whether a proposed acquisiton involved a potential competitor was a message to judges to rethink how they approached merger cases, the head of the watchdog said Monday.

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VW reaches in-principle dieselgate agreement with ACCC
Competition & Consumer Protection 2019-09-23 2:10 pm By Amelia Birnie

Volkswagen is nearing the end of the road in the dieselgate scandal in Australia, as the car company agrees to an in-principle resoltion of enforcement action by the ACCC while also finalising the details of the settlement of five class actions worth up to $127 million.

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