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Judge puts sandwiches back on the menu in Sizzler trade mark spat
Cynthia Cochrane 2021-02-10 11:07 am By Miklos Bolza Sydney

A judge has ordered buffet restaurant pioneer Sizzler to amend its pleadings in a trade mark stoush with Brisbane-based restaurant Burger Urge to bring them in line with a summary judgment application that includes sandwiches among the classes of allegedly infringed goods.

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Deloitte admits it has ‘expectation’ partners will retire at 62
Accounting 2021-02-09 9:10 pm By Miklos Bolza Sydney

Accounting giant Deloitte Touche Tohmatsu has admitted in a Federal Court defence that it expects its partners to retire at the age of 62, but it says there is no obligation for partners to depart the firm at that age.

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Macquarie appeals $330,000 penalty for ‘defective and deficient’ adviser pay system
Anthony Britt 2021-02-09 6:53 pm By Christine Caulfield Melbourne

Macquarie Bank is challenging a ruling that it pay $330,000 in pecuniary penalties after it was found to have underpaid a group of former financial advisers because of a “defective and deficient” payment system.

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Soul Pattinson seeks to appeal $1.1M ruling for former finance director
Appeals 2021-02-09 6:44 pm By Christine Caulfield Melbourne

Investment house Washington H. Soul Pattinson is fighting a ruling that it owes its former finance director over $1.1 million in damages after the ASX 100-listed firm terminated the executive without notice and failed to pay out entitlements.

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Tandem gets OK to file rare class action cross-claims against group members
Catherine Button 2021-02-09 3:31 pm By Miklos Bolza Sydney

A judge has allowed a unit of recruitment firm Tandem to file cross-claims against individual group members in an underpayment class action, in a rare move that may spark important changes in representative proceedings.

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Mobile retailer TeleChoice faces class action over contract spat with Optus
Class Actions 2021-02-08 6:58 pm By Miklos Bolza Sydney

A class action by franchisees against mobile and internet retailer TeleChoice will return to the Victoria Supreme Court next week as group members seek commissions they allege have been withheld while the company battles separate litigation against Optus.

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Goodman Fielder wins ‘La Famiglia’ trade mark dispute
Clayton Utz 2021-02-08 2:58 pm By Spencer Fowler Steen Melbourne

Australasian food company Goodman Fielder has successfully challenged a bid by Conga Foods and an Italian pasta producer to register the ‘La Famiglia’ trade mark for pasta products.

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Fairfax out of pocket $2.4M after being hit with indemnity costs in Elaine Stead defamation case
Banki Haddock Fiora 2021-02-08 2:42 pm By Miklos Bolza Sydney

Nine-owned Fairfax will have to pay out over $2 million in legal fees after being hit with indemnity costs on top of a $280,000 judgment in its defamation spat with venture capitalist Dr Elaine Stead for its “Micawber-like” approach to the case.

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Judge rejects class closure bid ahead of mediation in On The Run class action
Adero Law 2021-02-08 12:35 pm By Miklos Bolza Sydney

A judge has rejected a class closure order application by the lead applicants in a class action against convenience store chain On The Run ahead of mediation, finding that the court does not have power to make such an order at a “relatively early” stage in a class action.

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‘Completely futile’: ASIC resists mediation push from judge concerned about cost of IOOF trial
ASIC 2021-02-08 12:25 pm By Spencer Fowler Steen Melbourne

A judge has ordered ASIC to enter mediation before heading into a “very expensive” trial with an IOOF subsidiary accused of giving shonky advice, over objections from the regulator that mediation would be “completely futile”.

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