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Merivale slams class action’s bid for second opt out notice to workers
Adero Law 2023-03-21 3:03 pm By Sam Matthews

Hospitality giant Merivale is contesting a bid by the applicant in a $129 million underpayments class action to issue a second opt out notice to employees, which it said was an attempt to ensure group members “take an interest” in the proceedings.

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Judge stays Victorian suit over alleged conspiracy to undermine HungryPanda’s EASI acquisition
Cam Truong 2023-03-20 2:57 pm By Sam Matthews

A judge has stayed an Australian lawsuit filed by food delivery service HungryPanda against competitor Fantuan over the acquisition delivery platform EASI until a related UK lawsuit is resolved, amid a fight for control of the local Asian food delivery market.

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Coca-Cola trade mark for lemon cartoon revoked for non-use
Food and Beverage 2023-03-17 10:00 pm By Cat Fredenburgh

An IP Australia delegate has partially revoked a Coca-Cola trade mark for a cartoon lemon acquired from Monster Energy in 2015, finding scant evidence that Hubert’s Lemonade, which features the winking lemon, has been sold in Australia.

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Moccona sues Vittoria for selling instant coffee in a jar
Davies Collison Cave 2023-03-10 2:14 pm By Sam Matthews

A trade mark stoush between the owners of coffee brands Moccona and Vittoria is “all about whether people think a jar means Moccona”, a court has heard.

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Judge troubled by class action firm’s costs, union’s delay in rival McDonald’s cases
Ashurst 2023-03-09 11:04 pm By Cindy Cameronne

A judge is weighing up a law firm’s high legal costs against a union’s “bizarre” delay in a stoush over who should run a case against McDonald’s alleging 100,000 workers were denied rest breaks. 

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Court asked to toss Kanye West’s suit against College Dropout Burgers
Entertainment 2023-03-02 4:21 pm By Christine Caulfield

A small Melbourne restaurant facing litigation by the US rapper formerly known as Kanye West will seek to have the case dismissed on Friday after the artist failed to meet a deadline for filing evidence.

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Funder’s $7M cut in Fonterra class action up in the air amid CFO uncertainty
Adley Burstyner 2023-02-28 8:47 pm By Sam Matthews

A judge has indicated his willingness to approve a $25 million settlement in a class action against dairy co-op Fonterra, but deferred the question of the funder’s cut until after the Full Court rules on whether the court has the power to make a common fund order at settlement.

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Question of power to make settlement CFOs sent back to Full Court
Ashurst 2023-02-28 4:27 pm By Christine Caulfield

The divisive issue of whether judges are empowered to make a common fund order to distribute the costs of a funding commission at the settlement stage of a class action is headed back to the Full Federal Court next week.

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De Costi Seafoods shows ‘no contrition’ in underpayments case, judge says
David Chin 2023-02-27 3:08 pm By Cindy Cameronne

Seafood processing company De Costi Seafoods has been hit with a $60,000 penalty for failing to pay workers overtime for shifts starting before 6am, with a judge finding the company failed to show any contrition. 

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ASIC takes Noumi, top executives to court over 2019 financial reports
ASIC 2023-02-27 8:44 am By Christine Caulfield

The corporate watchdog has brought action against former Freedom Foods Group and its former CEO and CFO for alleged disclosure breaches relating to inventory values in its 2019 financial reports.

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