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ASIC’s power to order fines for Credit Code violations won’t face challenge
ASIC 2023-06-27 11:54 pm By Cindy Cameronne Sydney

Queensland lender SunshineLoans has lost its second bid for the Full Court to decide whether ASIC has the power to bring civil penalty proceedings for violations of the Credit Code, with a judge finding its arguments were not strong enough to vacate an upcoming trial.

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Hannover Life scores partial win against tax office over GST credits
ATO 2023-06-27 5:18 pm By Gareth Baker

Hannover Life Re should be allowed tax credits for GST paid on a share of its overheads, including rent and power, a judge has found in a partial win for the reinsurer.

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Nine can rely on reputation evidence in Euro Pacific CEO’s case
Dauid Sibtain 2023-06-27 4:35 pm By Cindy Cameronne Sydney

Nine has partially won its bid to include evidence about the reputation of Euro Pacific CEO Peter Schiff in an attempt to minimise the damages it will owe after abandoning its substantive defences in defamation proceedings by the bank boss.

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Sanofi defeats government’s $325M appeal over generic Plavix ban
Appeals 2023-06-26 4:00 pm By Cindy Cameronne Sydney

Drug maker Sanofi-Aventis is not liable for the federal government’s losses for excess subsidies paid for the blood-thinner Plavix after an allegedly unjustified court injunction prevented the release of a generic version of the blockbuster drug, an appeals court has found.

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The Reject Shop flags early attacks on underpayments class action
Adero Law 2023-06-26 12:32 pm By Cindy Cameronne Sydney

Discount retail chain The Reject Shop has foreshadowed two challenges to an underpayments class action, claiming store managers were not covered by the general retail award and that their allegations have to be run individually. 

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Seven tries to resurrect ‘7Now’ mark in IP stoush with 7-Eleven
7-Eleven 2023-06-26 11:41 pm By Cat Fredenburgh

Seven Network has appealed a ruling that revoked its 7NOW trade mark for non-use in a victory for convenience chain 7-Eleven as it seeks to expand its presence in Australia.

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Sydney Trains driver sacked for drinking deserves rehearing, Full Court says
Appeals 2023-06-26 10:05 pm By Gareth Baker Sydney

The Full Court has held a Sydney Trains driver who worked the morning after blowing over four times the legal limit is entitled to a rehearing, finding the Fair Work Commission failed to properly consider a section of its own founding legislation. 

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No legal protection for emails in Shane Heal’s case against Sydney Flames
Employment 2023-06-26 4:17 pm By Gareth Baker Sydney

Emails exchanged during a bullying investigation into former basketball great Shane Heal must be shared, a judge has found, as the Sydney Flames coach battles to protect his reputation and his employment with the WNBL club. 

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Parking detection patents infringed by SARB’s Pinforce sensors, judge finds
Andrew McClelland 2023-06-26 12:08 pm By Cindy Cameronne Sydney

Tech company Vehicle Management Systems has won a long-running patent infringement dispute with rival SARB over a sensor-based system the City of Melbourne uses for timing parked vehicles. 

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Lawyers face $500,000 bill for ‘completely misconceived’ horse vaccine class action
Anthony McInerney 2023-06-23 4:48 pm By Gareth Baker Sydney

Pet and livestock drug company Zoetis, which successfully defended a class action over its horse vaccine Equivac, is pressing forward with its claim against the legal team that ran the unfunded case, seeking to recover $500,000 of its $3.8 million legal bill.

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