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17-yr-old trade mark error can’t be fixed, Full Court rules
Appeals 2018-07-16 4:39 pm By Christine Caulfield

Industrial filter manufacturer Vokes has lost its fight to correct a 17-year-old error that removed it as the registered owner of six trade marks, with the Full Federal Court ruling Monday that the Registrar did not have the power to fix the mistake of her own initiative.

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Lawyer fooled by conman Peter Foster’s “psychological brilliance”, court hears
Article 2018-07-12 10:45 pm By Miklos Bolza

A Sydney lawyer accused in a class action of conspiring with notorious conman Peter Foster in a fraudulent sports betting scheme that left investors $29 million out of pocket was taken in by Foster’s “psychological brilliance”, her barrister told a court Thursday.

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Ford class action trial date vacated for ‘procedural failures’
Allens 2018-06-28 11:52 pm By Cat Fredenburgh

The judge overseeing a massive class action against Ford over its PowerShift transmission has vacated the trial date, blaming the lead applicant’s numerous “procedural failures”.

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Ex-Kimberley Diamonds exec acquitted in ASIC case
Energy & Natural Resources 2018-06-27 4:30 pm By Cat Fredenburgh

The former head of Australian mining company Kimberley Diamonds has been acquitted of charges that he signed off on market statements that assumed luxury retailer Tiffany & Co would pay higher prices for the company’s rare yellow diamonds.

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ACCC loses appeal in LG faulty television case
Appeals 2018-06-27 2:01 pm By Cat Fredenburgh

The Full Federal Court has upheld most of a ruling that found LG did not engage in misleading or deceptive conduct by failing to inform purchasers of faulty televisions of the remedies available to them under the Australian Consumer Law.

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First union official hit with personal fine after High Court ruling
Appeals 2018-06-25 11:20 pm By Cat Fredenburgh

The first personal fine against a union official has been handed down in the wake of the High Court’s ruling that courts can order union officials to pay out of their own pockets for violating the Fair Work Act.

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ACCC takes Pfizer competition case to High Court
Appeals 2018-06-25 3:47 pm By Christine Caulfield

The Australian Competition and Consumer Commission is seeking special leave from the High Court to appeal a ruling in a case alleging drug giant Pfizer misused its market power ahead of the expiration of its patent for Lipitor.

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High Court says superannuation counts as lost earnings
Appeals 2018-06-13 11:48 pm By Cat Fredenburgh

The High Court has said pensions can count as lost earnings, agreeing with a ruling from the Full Court of the Supreme Court of South Australia that found an individual dying from work-related mesothelioma was owed compensation for the expected loss of his  superannuation.

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Government gets ok to amend defence mid-trial in home insulation class action
ACA Lawyers 2018-06-12 3:41 pm By Cat Fredenburgh

The government has won court approval to amend its defence mid-trial in a class action brought by businesses alleging they were harmed when the Rudd Government cancelled a program that subsidised home insulation installations during the economic downturn. 

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Apple settles ACCC case over iPhone repairs on eve of trial
Article 2018-06-12 12:37 pm By Christine Caulfield

Apple has reached an in-principle settlement with the consumer watchdog in an enforcement action over the tech giant’s repair policies, a judge was told Tuesday.

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