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Aussie honey producers triumph in trans-Tasman tussle over manuka honey rights
Consumer Goods 2023-05-22 10:11 pm By Gareth Baker

New Zealand honey producers have failed in a lengthy fight with their Aussie counterparts to trade mark the term ‘manuka honey’, with the Intellectual Property Office of New Zealand ruling the phrase is merely descriptive of a type of honey.

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Corrs Chambers not required to disclose involvement in drafting expert report: Full Court
Appeals 2023-05-19 11:36 pm By Sam Matthews

An appeals court has said that while it might be desirable for law firms to disclose their involvement in drafting expert reports, they are not legally obligated to do so, overturning a finding that Corrs Chambers Westgarth went “far beyond the permissible scope” of involvement in a report prepared for a trade secrets case.

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‘Shocked’ judge eviscerates Tyro class action settlement
Bannister Law 2023-05-19 11:04 pm By Cindy Cameronne

A judge has approved a $5 million class action settlement against payment processor Tyro over a service outage but has shredded the proposed funder payout and legal fees that would have comprised 60 per cent of the sum, calling the costs “outrageous”. 

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Judge orders discovery of legal advice in spat over $45B Ichthys LNG project
Clayton Utz 2023-05-18 11:49 pm By Sam Matthews

A judge has ordered contractor JKC Australia to hand over legal advice relating to a settlement deed it entered with Japanese oil company Inpex in 2021, as it seeks to hold Dutch paint company AkzoNobel NV responsible for its “significant” potential liability under the settlement.

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‘Not motivated by access to justice’: Funder hit with indemnity costs in copyright case
CCSG Legal 2023-05-17 3:08 pm By Cindy Cameronne

A judge has ordered a litigation funder that bankrolled a photographer’s unsuccessful copyright claim against CoreLogic to pay indemnity costs to the property data analytics company, saying the funder was not “motivated by any concerns for access to justice”.

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Tech exec subjected to DXC’s ‘unreasonable’ 7-year restraint clause wins appeal
Acting Justice Carolyn Simpson 2023-05-16 10:28 pm By Sam Matthews

An appeals court has found a seven-year non-competition clause in US tech giant DXC Eclipse’s agreement with the former director of Melbourne software firm Sable37, which it acquired in 2018, was unreasonable.

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UFG to pay $5M for misleading gym franchisees about ‘near valueless’ businesses
Competition & Consumer Protection 2023-05-16 4:24 pm By Cindy Cameronne

The company behind the Ultimate Fighting Championship gym franchise has been ordered to pay $5 million to three franchisees after a judge found it misled them about businesses which were “near valueless” and unlikely to make profit. 

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Directed Electronics wins $3.27M in Hanhwa trade secrets case, with damages still to come
Contracts 2023-05-15 2:09 pm By Sam Matthews

Automotive electronics company Directed Electronics is set to claw back $3.27 million in commission payments made to a former manager through a secret side agreement with South Korean giant Hanhwa, with a ruling on damages still to come in the five-year case.

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Australian Mines ex-director hit with $70,000 penalty for conference representations
ASIC 2023-05-12 11:57 pm By Cat Fredenburgh

A former director of Australian Mines has copped at $70,000 penalty in ASIC proceedings accusing him of making false and misleading representations at mining investment conferences in 2018.

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Opal Tower class action funder’s appeal of cuts to commission falls flat
Appeals 2023-05-12 11:13 pm By Cat Fredenburgh

An appeals court has shot down funder Augusta’s challenge to a decision that cut its commission in the Opal Tower class action, putting funders on notice that they will have to marshal compelling evidence to win approval for their returns from an increasingly watchful court.

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