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Former Linchpin boss gets legal aid while waiting on insurers in ‘chaotic’ London
Restructuring & Insolvency 2021-02-10 4:43 pm By Christine Caulfield

London is in a “complete state of chaos” and no amount of pressing by law firm Moray & Agnew has produced an answer from underwriters about the extent of his insurance coverage, former Linchpin Capital Group CEO Peter Daly has said in a three-paragraph defence to disqualification proceedings by the corporate regulator.

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Uber takes Aussie IT company to court over ‘Geeks’ trade mark
Intellectual Property 2021-02-10 3:23 pm By Spencer Fowler Steen

Uber has dragged an Australian IT services company to court after failing to win removal of the company’s ‘Uber Geeks’ trade mark for its home-visiting technician services.

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Westpac fires back in class action, says car loan borrowers could have shopped around
Financial Services 2021-02-09 4:26 pm By Spencer Fowler Steen

Westpac has hit back at a class action accusing it of colluding with car dealers on a “shonky” car loan scheme that allowed them to hike up interest rates to earn higher commissions, saying consumers could have shopped around for a better deal.

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‘Completely futile’: ASIC resists mediation push from judge concerned about cost of IOOF trial
Financial Services 2021-02-08 12:25 pm By Spencer Fowler Steen

A judge has ordered ASIC to enter mediation before heading into a “very expensive” trial with an IOOF subsidiary accused of giving shonky advice, over objections from the regulator that mediation would be “completely futile”.

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Judge OKs $9.5M McMillan Shakespeare settlement despite funder, lawyers taking bulk
Class Actions 2021-02-05 5:29 pm By Spencer Fowler Steen

A judge has approved a $9.5 million settlement in a class action against McMillan Shakespeare as fair and reasonable, allowing a common fund order and a nearly 30 percent commission for the litigation funder despite previously raising “real concerns” about the small portion flowing to group members.

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ACCC secures $83.5M in fines over vehicle shipping cartel
Competition & Consumer Protection 2021-02-04 10:43 pm By Cat Fredenburgh

Norwegian shipping company Wallenius Wilhlmsen Ocean has been fined $24 million for conspiring to fix the rates charged for shipping vehicles to Australia, bringing the total fines won by the ACCC over the shipping cartel to $83.5 million.

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High Court rejects Westpac’s ‘gloss’ on financial product advice statute
High Court 2021-02-03 10:51 am By Christine Caulfield

The High Court has dismissed an appeal by Westpac challenging a ruling that found the bank breached its duties to customers by providing personal financial advice as part of a telephone campaign encouraging customers to roll over external superannuation accounts.

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Monster Energy challenges loss of ‘Motherland’ trade mark
Intellectual Property 2021-02-02 2:34 pm By Cat Fredenburgh

Monster Energy, which makes Mother brand energy drinks, has appealed a ruling from IP Australia that granted rival caffeinated beverage maker Vittoria Food & Beverage’s application for the removal of Monster’s ‘Motherland’ trade mark for non-use.

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Funder likens itself to pinata in hearing over $9.5M class action settlement
Class Actions 2021-02-01 7:15 pm By Spencer Fowler Steen

The funder behind a class action against McMillan Shakespeare has warned against the court beating it up like a ‘pinata’ in a settlement approval hearing in which the judge expressed “real concerns” about the portion of a $9.5 million settlement earmarked for group members.

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Herbert Smith Freehills lures esteemed competition partner from Clayton Utz
Business of Law 2021-02-01 5:47 pm By Cat Fredenburgh

Herbert Smith Freehills has snagged one of the country’s leading competition lawyers who advised on two of the biggest and most contentious mergers in recent years from rival Clayton Utz to join its market-leading competition and trade practices group.

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