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Facebook ad shows use of ‘Motherland’ trade mark, High Court told
Appeals 2023-04-24 10:55 pm By Cindy Cameronne Sydney

The High Court has been asked to weigh in on whether online ads targeting Australian consumers can be the basis for a trade mark registration, in a long-running intellectual property spat between the maker of Mother Energy drinks and Vittoria Coffee over their respective ‘mother’ marks.

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ANZ exec ‘deeply concerned’ about $2.5B share placement shortfall, court hears
ACCC 2023-04-24 10:03 pm By Sam Matthews Melbourne

A senior ANZ executive was “deeply concerned” by the size of the shortfall in its $2.5 billion 2015 equity capital raising, the court heard on the first day of trial in ASIC’s civil penalty case against the bank over alleged disclosure breaches.

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Class action plaintiffs get same relief from limitation periods as group members: judge
Class Actions 2023-04-24 10:54 am By Cindy Cameronne Sydney

A judge has found that lead plaintiffs in a class action by commercial fishing operations against Gladstone Ports can bring new claims out of time, saying it would be “grossly inconsistent” if group members had broader limitation relief than representative parties.

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High Court grants special leave to Dick Smith execs
Alice Zheng 2023-04-21 11:57 pm By Cat Fredenburgh

The High Court has agreed to hear the appeals of two former Dick Smith exes following judgments that awarded a total of $55 million in damages to NAB and the receivers of the defunct electronics retailer.

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Class action filed over COVID-19 outbreak at Newmarch House
Class Actions 2023-04-21 2:22 pm By Cat Fredenburgh

A class action has been filed on behalf of 25 people whose loved ones died during a COVID-19 outbreak at the Newmarch House in Sydney.

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Scenic Tours can’t dodge $10M damages ruling in cruise class action
Andrew Jordan 2023-04-20 10:45 pm By Sam Matthews Melbourne

Cruise operator Scenic Tours is stuck with a $10 million damages bill but has avoided paying for disappointed traveller’s flights, after an appeals court mostly rejected its appeal of an award to travellers who were promised a “once in a lifetime cruise along the grand waterways of Europe” but were instead forced to take the bus.

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‘It’s game over’: Victoria tries again to stay hotel quarantine class action amid criminal case
Adam Hochroth 2023-04-20 3:51 pm By Sam Matthews Melbourne

The state of Victoria is trying again to stay a class action over the 2020 hotel quarantine debacle in light of a pending criminal action against the Department of Health, telling an appeals court the fundamental principles of the criminal justice system must be protected.

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Judge won’t stay reference in ‘monumental’ Santos, Fluor litigation
Construction 2023-04-19 10:48 pm By Sam Matthews Melbourne

A judge won’t stay a reference process which US company Fluor claims is infected with bias, in a “monumental” dispute with energy giant Santos that has already generated a $57.5 million legal bill for the engineering firm.

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Myer exec says she was fired for complaining about GM’s ‘belittling’ conduct
Employment 2023-04-19 1:53 pm By Cindy Cameronne Sydney

A sacked Myer executive has brought Fair Work proceedings against her former employer, seeking over $700,000 in compensation after she was allegedly unfairly dismissed for complaining about a general manager’s “belittling” conduct. 

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‘Potentially difficult’: Lawyers weigh in on novel insolvency ruling
Analysis 2023-04-19 1:29 pm By Sam Matthews Melbourne

Senior restructuring and insolvency lawyers have welcomed a novel ruling that found a liquidator was entitled to claim his costs ahead of the preferred claims of company employees, but questions remain about the “potentially difficult” interaction between two conflicting priority regimes.

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