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Epic’s evidence in clash with Apple could be first in competition case
Apple 2021-11-04 1:19 pm By Bianca Hrovat Sydney

Epic Game’s plan to lead econometric evidence in its dispute with Apple could be the first time such evidence has been led in a competition case in Australia, a judge has said, as he warned that the companies’ “unlimited resources and enthusiasm for victory” should not bog the case down.

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Class action accuses Dixon Advisory of providing conflicted financial advice
Class Actions 2021-11-03 9:49 pm By Bianca Hrovat Sydney

Financial services company Dixon Advisory has been hit with a class action for allegedly pushing financial products onto investors that it stood to reap hundreds of millions of dollars in fees from and failing to disclose its alleged conflict of interest.

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Court won’t block Monash Health from terminating unvaccinated nurses
Chris O'Grady 2021-11-03 3:13 pm By Bianca Hrovat Sydney

A court has struck down a bid by unvaccinated nurses to restrain Monash Health from terminating their employment in accordance with the Victorian COVID-19 public health directions requiring them to be vaccinated, saying their case is “at best, weak”.

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a2 Milk loses trade mark fight against Mead Johnson Nutrition
Adams Pluck 2021-11-02 4:44 pm By Bianca Hrovat Sydney

The a2 Milk Company is paying the price for its descriptive trade name, unsuccessfully opposing registration of a trademark for Reckitt Benckiser subsidiary’s milk-based product, AII.

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Spruson & Ferguson, Shelston IP merge to create intellectual property powerhouse
Business of Law 2021-11-02 2:01 pm By Bianca Hrovat Sydney

Spruson & Ferguson and Shelston IP have merged to create Australia’s largest intellectual property law firm, with a 200-strong workforce and more than 160 years of combined experience.

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Is it infringement if no one saw it? Hells Angels, Redbubble TM case to raise novel issue
Allens 2021-11-02 1:02 pm By Bianca Hrovat Sydney

A novel issue of liability has been raised in a trademark dispute between Hells Angels Motorcycle Corporation and Redbubble, with the online retailer claiming a trade mark cannot be infringed if the trade mark owner is the only person to witness the alleged infringement.

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ASIC takes digital lender Ferratum to court for overcharging borrowers
ASIC 2021-11-02 11:07 am By Bianca Hrovat Sydney

The Australian Securities and Investments Commission has accused Finnish microloan company Ferratum of overcharging vulnerable, low-income consumers during the height of the COVID-19 pandemic.

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Binding statement as good as class action in age pension case, judge told
Australian Government Solicitor 2021-11-01 8:28 pm By Bianca Hrovat Sydney

The federal government is seeking to avoid a representative proceeding brought on behalf of Indigenous men alleging its failure to “close the gap” in life expectancy necessitates a lower age eligibility for their fair and equal access to the age pension.

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Seven McDonald’s franchises now facing lawsuits over unpaid rest breaks
Colin Biggers & Paisley 2021-11-01 6:25 pm By Bianca Hrovat Sydney

A McDonald’s franchise has been hit with a lawsuit accusing it of deliberately withholding workers’ paid rest breaks and committing “horrifying” and “shameful” violations of the Fair Work Act, the seventh such lawsuit to be filed by the union representing fast food workers.

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Employsure wins case against former employees who jumped ship to rival
Contracts 2021-10-29 10:05 pm By Bianca Hrovat Sydney

Workplace relations heavyweight Employsure has won its case against rival ELMO Software and two former employees who sought to jump ship to a competitor in breach of their employment contracts and fiduciary duties.

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