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Bid for security in Shine’s no win, no fee cruise class action may not be ‘hopeless’
Class Actions 2023-06-15 11:47 pm By Cat Fredenburgh

Shine Lawyers has been ordered to hand over its costs agreement with the lead applicant in a class action over norovirus outbreaks on Carnival’s Sun Princess cruise ship, amid a likely plan by the cruise operator to seek security for costs in the no win, no fee class action.

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Full Court won’t weigh in on ASIC’s power to seek penalties for Credit Code violations
Appeals 2023-06-15 10:00 pm By Gareth Baker

Sunshine Loans has lost its bid to have the Full Court weigh in on ASIC’s authority to seek penalties for Credit Code violations, in proceedings accusing the online lender of charging over $320,000 in prohibited fees. 

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High Court won’t hear broker’s case over 2014 ban for second time
Appeals 2023-06-15 5:53 pm By Christine Caulfield

The High Court has rejected an appeal by a mortgage broker in a saga stretching back a decade, when the corporate regulator imposed a lifelong ban against the broker for failing to disclose a conviction on his credit licence application.

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Judge mulls contradictor over ATE costs in super class action against Westpac
ATO 2023-06-15 5:11 pm By Sam Matthews Melbourne

A judge overseeing a superannuation class action against two Westpac units that settled for $30 million has flagged the possibility of appointing a contradictor to examine the litigation funder’s claimed cut of the settlement, which includes a deduction of over $1 million to cover the costs of after-the-event insurance.

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Facebook agrees to $20M penalty in ACCC case over data privacy app
ACCC 2023-06-14 11:37 pm By Gareth Baker Sydney

Facebook has agreed to pay a $20 million penalty for misleading consumers by representing that its discontinued Onavo Protect mobile app would keep users’ personal activity data private, when in fact it was being collected for commercial use.

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Funder that backed failed IP case appeals indemnity costs ruling
Appeals 2023-06-14 11:16 pm By Cat Fredenburgh

A litigation funder that bankrolled a photographer’s unsuccessful copyright claim against CoreLogic has appealed a ruling ordering if to pay indemnity costs to the property data analytics company.

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Shine’s shareholder dividends called out by J&J class action judge in fight over costs
Alec Leopold 2023-06-13 11:36 pm By Sam Matthews Melbourne

The judge weighing the legal costs sought to be deducted from a $300 million settlement in pelvic mesh class actions against Johnson & Johnson has questioned Shine Lawyers’ bid to make group members pay $32 million in interest incurred on a loan the firm took out at “credit card” rates.

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Singer Katy Perry appeals loss in trade mark stoush with Aussie designer
Appeals 2023-06-13 9:58 pm By Cat Fredenburgh

Pop star Katy Perry has appealed her loss in a long-running trade mark fight with an Australian fashion designer over the right to use her name to sell clothing in Australia.

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L’Oreal loses rights to use Elvive trade mark for beauty products
By George Legal 2023-06-13 6:00 pm By Gareth Baker Sydney

Skincare giant L’Oreal has lost the rights to use a 23-year-old trade mark for branding some of its products, after a competitor successfully campaigned IP Australia to strike it from the register for non-use. 

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Seven loses stoush with 7-Eleven over ‘7NOW’ trade mark
7-Eleven 2023-06-08 11:38 pm By Gareth Baker Sydney

Seven Network has lost its effort to stop convenience chain 7-Eleven from using a contested logo even though Seven had registered the trade mark first, with a court finding the broadcaster sat on the mark for too long before using it. 

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