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‘Bit of a stretch’: Judge looks dimly on Squirrel’s defence in ASIC case
ASIC 2021-03-12 4:30 pm By Cindy Cameronne

A judge has questioned fintech company Squirrel Super’s defence in ASIC’s case alleging it made false and misleading statements about returns on property investments, saying it “looked like a bit of a stretch” at first glance.

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Judge pans ‘irresponsible journalism’ over reporting of CEO who paid nanny $13K for year’s work
Bartier Perry 2021-03-12 3:34 pm By Christine Caulfield

A judge has slugged the CEO of a Sydney property development company with a $32,500 penalty for underpaying a live-in nanny, but he aimed his wrath at the media for having “wrongly branded” the businessman as someone who engaged in modern slavery.

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Monsanto class action judge won’t rule on expert evidence in novel hearing
Anna Robertson 2021-03-11 10:07 pm By Christine Caulfield

A judge overseeing a class action against Bayer-owned Monsanto over its allegedly carcinogenic weedkiller, Roundup, has declined to rule on the admissibility of expert evidence in a hearing ahead of trial next year, despite concerns about the independence of the expert witnesses for the class.

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CBA says ‘non-existent’ chance it will make admissions in ASIC’s conflicted remuneration case
Anna Wilson 2021-03-11 7:27 pm By Cindy Cameronne

The Commonwealth Bank of Australia has told a judge there’s no chance it will admit to ASIC’s allegations that it accepted conflicted remuneration through the sale of its Essential Super product, likening the matter to ASIC’s failed ‘Wagyu and shiraz’ case against Westpac.

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Full Court dashes Bendigo and Adelaide Bank’s hopes of saving ‘community bank’ trade mark
Allens 2021-03-11 4:47 pm By Cat Fredenburgh

Bendigo and Adelaide Bank has lost its appeal of a ruling that revoked its 22-year-old ‘community bank’ trade mark, with the Full Federal Court agreeing that the phrase has an ordinary signification and cannot be trade marked for the bank’s services.

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Katy Perry ‘cannot avoid discovery process’ in trade mark dispute, court told
Corrs Chambers Westgarth 2021-03-11 11:49 am By Cindy Cameronne

A fight is brewing over allegedly deficient discovery provided by pop star Katy Perry in her trade mark dispute with Sydney fashion designer Katie Perry, with a judge hearing that text messages from the singer’s phone that may be relevant to the case have not been handed over.  

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‘Insureds are not only risks; they are people’: Judge slams TAL’s treatment of cancer patient’s claim
Albert Ounapuu 2021-03-10 10:28 pm By Cindy Cameronne

In another victory for ASIC in a case stemming from the banking royal commission, a judge has ruled that TAL Life Limited breached the Insurance Contracts Act after denying coverage to a cancer patient and threatening to recover $24,000 it had already paid to her.

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Can artificial intelligence be named inventor of a patent? Federal Court to rule
Allens 2021-03-10 5:48 pm By Miklos Bolza

The Federal Court is set to determine whether artificial intelligence can be the inventor of a patent, after an AI pioneer filed a challenge to an IP Australia finding that allowing a machine to be considered an inventor would render the Patents Act incapable of “sensible operation”.

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ATO wins High Court appeal against Travelex over mistaken $149,000 tax surplus
Appeals 2021-03-10 3:45 pm By Miklos Bolza

The High Court has ruled that the tax office was not obliged to refund money for tax surpluses mistakenly issued under the GST Act, in a long-running legal dispute between the Commissioner of Taxation and foreign currency exchange Travelex.

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High Court says ‘no one size fits all’ when it comes to competing class actions
Adam Hochroth 2021-03-10 10:18 am By Christine Caulfield

Judges have power to manage competing class actions by picking a winner in a so-called beauty parade, the High Court has ruled, but there is no one size fits all approach to the decision, and the law firm that files first is not guaranteed the coveted prize.

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