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Drunks and prostitutes: Down N’ Out trade mark evokes Sin City, not In-N-Out, court told
Intellectual Property 2019-07-03 8:48 pm By Miklos Bolza

Sydney’s Down N’ Out Burgers has rejected claims that it appropriated the trade mark of US burger chain In-N-Out, telling a court at the close of trial that the founders were inspired by the success of the American company but wanted to evoke the idea of Sin City, not speedy service.

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Quinn Emanuel files appeal after losing AMP class action contest
Appeals 2019-06-19 9:34 pm By Christine Caulfield

Law firm Quinn Emanuel Urquhart & Sullivan has followed through on its threat to appeal a high stakes ruling that shut down its shareholder class action against AMP, along with two competing cases, after a two-day beauty parade that saw rival firm Maurice Blackburn take the prize.

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NSW Ports weighs stay bid in competition case as it battles similar ACCC proceedings
Competition & Consumer Protection 2019-06-11 2:31 pm By Miklos Bolza

A second competition lawsuit brought against NSW Ports could be stayed or consolidated with a case launched by the competition regulator over an agreement to privatise Port Botany and Port Kembla, a court heard Tuesday.

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ASIC to face off against Westpac after judge ripped up $35M settlement deal
Financial Services 2019-05-02 9:22 pm By Cat Fredenburgh

The Australian Securities and Investments Commission will gets a chance on Monday to prove its claims that Westpac breached responsible lending laws by providing unsuitable home loans when the two face off in a high-stakes trial following the court’s rejection of what would have been a record $35 million penalty for breaching the country’s lending laws.

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‘No reason in logic’ why Ethicon pelvic mesh class should not be expanded, judge says
Class Actions 2019-05-02 4:27 pm By Cat Fredenburgh

A judge has signed off on the lead applicants’ bid to expand the current group definition in a class action against Johnson & Johnson unit Ethicon over allegedly defective vaginal mesh products, saying there was “no reason in logic” why the request should be denied.

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Appeals court revives $20M tip fire class action against NSW council
Class Actions 2019-04-23 3:07 pm By Cat Fredenburgh

An appeals court has revived a class action against a NSW council over loss and damage resulting from a 2009 tip rubbish fire, and awarded the lead applicant over $100,000 in damages.

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Rugby League stand-down rule ‘draconian’, court hears at Jack de Belin trial
Trials 2019-04-15 3:31 pm By Christine Caulfield

An Australian Rugby League Commission rule barring St George Illawarra Dragons forward Jack de Belin from taking the field is “draconian” and “unfair”, a court has heard at the beginnig of a three day trial challenging the ‘no-fault’ rule.

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Deloitte can’t escape class action claims over failure of Dick Smith
Class Actions 2019-04-11 9:36 pm By Christine Caulfield

Accounting giant Deloitte has failed in its bid to strike out claims made in two shareholder class actions alleging it was careless in auditing the financial statements of electronics retailer Dick Smith ahead of its collapse in 2016.

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Court slashes record $2.5M fine against CFMMEU over two-day strike
Employment 2019-04-05 11:23 pm By Christine Caulfield

An appeals court has reimposed penalties against the Construction, Forestry, Maritime, Mining and Energy Union, its NSW branch and nine officials for unlawful industrial action at Barangaroo, but dropped the total fine from $2.5 million to $1.7 million.

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Former bubble tea franchisee in hot water over alleged underpayments
Employment 2019-04-04 10:48 am By Miklos Bolza

The Fair Work Ombudsman has commenced legal proceedings against a former Chatime franchisee for allegedly underpaying 17 employees over $46,000 at its Sydney CBD store.

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