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ASIC can’t avoid trial in defamation lawsuit by Queensland mortgage firm
ASIC 2020-06-09 9:53 pm By Cat Fredenburgh

The Australian Securities and Investments Commission will have to face trial in a defamation lawsuit brought by a Queensland building and mortgage company over two media releases the corporate regulator issued in 2018 and 2019, after defeating a separate $10 million defamation case last year.

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‘A significant inequality of arms’: Funding led to better outcome in PFAS class action, judge says
Alicia Lyons 2020-06-09 3:00 pm By Alison Eveleigh

The judge overseeing three class actions against the Commonwealth over its use of allegedly toxic firefighting foam, which have settled for $212.5 million, said backing by a litigation funder led to a better outcome for group members, who would otherwise have been in the disadvantaged position of “supplicants requesting compensation”.

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‘New marketing opportunity’: Judge sees injunction’s silver lining in In-N-Out trade mark dispute
Baker McKenzie 2020-06-09 2:35 pm By Cat Fredenburgh

A Sydney burger chain that was ordered to change its name after losing a trade mark lawsuit by popular American burger franchise In-N-Out has lost its request to stay the ruling, with a judge finding the company had “greatly exaggerated” the costs of the name switch, which she called “a new marketing opportunity”.

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Top barrister retained interest in Mark Elliott’s funding co. after wife sold shares, court told
Arnold Bloch Leibler 2020-06-09 10:52 am By Christine Caulfield

Court documents sought to be kept confidential in a case alleging professional misconduct against barrister Norman O’Bryan SC in his role as counsel for a class action over the collapse of Banksia Securities accuse the top silk of continuing to have an interest in the funder that bankrolled the proceedings after his wife was said to have sold her shares.

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The house wins: Aristocrat beats out IP Australia in fight over slot machine patents
Appeals 2020-06-05 10:03 pm By Miklos Bolza

Gaming giant Aristocrat Technologies has succeeded in its appeal of an IP Australia decision rejecting four of its gaming patents, with a judge finding they were “not a mere scheme” but an actual manner of manufacture.

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Judge approves $212.5M toxic foam class action settlement
Alicia Lyons 2020-06-05 9:46 pm By Alison Eveleigh

A judge has given his blessing to a landmark $212.5 million settlement of three class actions over the use of allegedly toxic firefighting foam at government military bases despite a “large number” of objections.

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ASIC, ANZ gear up for battle over Ashurst advice in bank fees case
ANZ 2020-06-05 9:31 pm By Miklos Bolza

ASIC has launched a bid to gain access to legal advice provided by Ashurst to Australia and New Zealand Banking Group in the regulator’s case over $35 million in allegedly illegal bank fees.

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Appeals court overturns ban on Black Lives Matter protest
Coronavirus 2020-06-05 9:10 pm By Miklos Bolza

The Court of Appeal for the NSW Supreme Court on Saturday overturned a ruling that banned this weekend’s Black Lives Matter protest, saying the rally was an authorised public assembly.

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CBA hit with $5M penalty for overcharging customers
ASIC 2020-06-05 4:05 pm By Cat Fredenburgh

A judge has approved a $5 million penalty against the Commonwealth Bank of Australia for overcharging customers $8 million in fees and interest on its agricultural products, despite previously expressing concerns that the penalty was “on the light side”.

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Judge slams ‘deficient’ explanation behind $2.9M penalty in ACCC, HealthEngine case
ACCC 2020-06-05 2:12 pm By Miklos Bolza

A penalty hearing in the ACCC’s case against health booking company HealthEngine over misleading online reviews has been adjourned after a judge criticised the parties’ joint submissions as “deficient” for failing to explain how a proposed $2.9 million penalty had been arrived at.

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