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Class action to be filed against Monash IVF over discarded embryos
Class Actions 2020-10-21 3:33 pm By Miklos Bolza

A Victoria Supreme Court class action will soon be filed against fertility clinic Monash IVF seeking compensation for women who allegedly had viable embryos discarded thanks to inaccurate genetic testing.

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AUSTRAC’s record $1.3B penalty for Westpac’s money laundering breaches wins court OK
AUSTRAC 2020-10-21 2:50 pm By Christine Caulfield

A judge has given the greenlight to AUSTRAC’s $1.3 billion penalty against Westpac over the bank’s 23 million breaches of money laundering and counter-terrorism laws, the biggest regulatory fine ever paid by an Australian company.

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‘You need to pick your game up’: Judge dresses down lawyer of Zarah Garde-Wilson in Google review case
Defamation 2020-10-21 1:50 pm By Miklos Bolza

A solicitor who failed to respond to calls from the Federal Court has been criticised by a judge for filing what appeared to be a “deficient” application in a case run on behalf of gangland lawyer Zarah Garde-Wilson in her bid to obtain details from Google over the identity of an online reviewer.

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Icon wins dispute with insurers over Opal Tower coverage
Insurance 2020-10-20 5:20 pm By Miklos Bolza

Construction firm Icon Co has won a coverage dispute with its insurers over $31 million in losses stemming from Sydney’s ill-fated Opal Tower, whose residents were evacuated after cracks appeared in the tower’s walls on Christmas Eve in 2018.

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Contradictor in 7-Eleven class action backs court’s power to make CFOs
Class Actions 2020-10-20 3:51 pm By Miklos Bolza

A contradictor appointed in two class actions against 7-Eleven will argue before the Full Federal Court that the court has power both in equity and under the Federal Court of Australia Act to make common fund orders in class actions on settlement or judgment.

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‘O Come, All Ye Faithful’ inspired Twisted Sister rock anthem, Dee Snider admits
Trials 2020-10-20 1:27 pm By Miklos Bolza

Heavy metal singer Dee Snider has admitted under cross-examination that ‘O Come, All Ye Faithful’ influenced Twisted Sister’s rock anthem ‘We’re Not Gonna Take It’ but denied that he had “borrowed” elements of the Christmas carol for the 1985 hit.

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In partial win for QBE, judge pares back ANZ add-on insurance class action
Class Actions 2020-10-20 9:36 am By Christine Caulfield

A judge has sided in part with QBE Insurance and pared back a class action over allegedly worthless add-on insurance sold by ANZ to credit card and personal loan customers.

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Game over for Monster Energy’s opposition to ‘Monster Strike’ trade mark
Intellectual Property 2020-10-19 9:49 pm By Cat Fredenburgh

A judge has shot down Monster Energy’s opposition to Japanese software company Mixi registering the ‘Monster Strike’ trade mark in Australia for its popular video game of the same name, the second judge to find the energy drink maker’s standalone ‘Monster’ mark does not have a significant reputation in Australia.

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Arnold Bloch Leibler can’t use Slater & Gordon client files in class action defence
Class Actions 2020-10-19 8:54 pm By Christine Caulfield

A judge has dismissed a lawsuit brought by Arnold Bloch Leibler seeking to use information from its legal work on Slater & Gordon’s $1.2 billion acquisition of UK firm Quindell to defend itself in a class action brought by the plaintiffs firm’s shareholders.

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Judge fines NAB $15M, questions ASIC’s ‘introducer’ investigation
Financial Services 2020-10-19 6:01 pm By Miklos Bolza

A judge has slapped National Australia Bank with a $15 million penalty over its scandal-ridden home loan introducer program but slammed ASIC’s investigation into the program, saying there was no “real regulatory desire to pursue a thorough investigation as to what in truth occurred”.

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