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Hog’s Breath class action ‘can’t be left in abeyance forever’, judge says
Class Actions 2023-06-05 4:22 pm By Gareth Baker Sydney

A judge has warned against a franchisee class action against Hogs Breath Cafe Australia remaining in limbo after the restaurant chain’s bid to toss the case was set back by the second applicant’s poor health. 

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In appeal against SmileDirectClub, Invisalign says court didn’t get facts straight
Appeals 2023-06-05 12:56 pm By Cat Fredenburgh

Dental aligner maker Invisalign has appealed its loss in suit accusing competitor SmileDirectClub of misleading consumers about the cost and efficacy of its direct-to-consumer teeth alignment kits.

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‘Fundamentally wrong’: Judge pans AMP’s payment to PwC for remediation review
AMP 2023-06-02 3:48 pm By Cindy Cameronne Sydney

It was “fundamentally wrong” that AMP Financial Planning paid consultant PricewaterhouseCoopers significantly more to review a court-ordered remediation than was paid to customers who suffered loss after an adviser churned life insurance policies for higher commissions, a judge has said.

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AGL Energy hit with competition class action
Class Actions 2023-06-02 11:05 pm By Cat Fredenburgh

Big three energy supplier AGL is facing a class action alleging it misused its market power in breach of Australia’s competition laws.

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‘Completely at sea’: Banks push for class closure in flex commissions cases
ANZ 2023-06-02 10:33 pm By Sam Matthews Melbourne

Westpac, Macquarie and ANZ are seeking class closure orders ahead of mediation in three class actions over flexible commissions schemes, telling a court hearing they will be “completely at sea” without a better idea of the class size.

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Targets of Pokemon’s IP lawsuit were victims of identity theft, court told
Clare Cunliffe 2023-06-02 3:04 pm By Christine Caulfield

The defendants in a trade mark infringement case by the Pokemon Company were the victims of identity theft and were wrongly named in the suit, a court has heard.

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Apple can argue patent invalid because of HP device first sold in 2000
Angus Lang 2023-06-02 10:21 pm By Cindy Cameronne Sydney

Apple can argue an Australian non-practicing entity that claims its patents for a remote entry system were infringed by the tech company’s Touch ID and Face ID technology are invalid because of a Hewlett Packard handheld device that was first sold in 2000. 

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SMBC can add new claims in $34M case over Forum Finance receivables
Corporate 2023-06-02 4:00 pm By Gareth Baker Sydney

SMBC has been cleared to add more claims to its $34 million suit against Humm Group after the fintech’s subsidiary allegedly misled the Japanese bank about worthless receivables under contracts said to be forged by a Forum Group entity.

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ASIC hits Melbourne CFD broker with interim stop order
ASIC 2023-06-02 10:01 pm By Gareth Baker Sydney

ASIC has issued an interim stop order barring a Melbourne-based investment broker from opening trading accounts or dealing in contracts for difference or margin foreign exchange contracts to retail investors. 

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Judge finds Ben Roberts-Smith committed war crimes, tosses defamation claims
Arthur Moses 2023-06-01 2:43 pm By Cindy Cameronne Sydney

Former SAS corporal Ben Roberts-Smith has lost his defamation case against Nine-owned Fairfax, with a judge finding Thursday it was true that Australia’s most decorated soldier committed civilian murders in Afghanistan.

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