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Manolo Blahnik wins discovery for potential knockoff suit against Sydney outlet
Andrew Fox 2020-11-04 4:09 pm By Spencer Fowler Steen Melbourne

Luxury shoe designer Manolo Blahnik has won a preliminary discovery application seeking information from Sydney designer outlet, Estro, for a possible lawsuit over the “extremely concerning” sale of alleged knock-off shoes.

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Elaine Stead wants court to force AFR columnist to produce confidential source docs
Banki Haddock Fiora 2020-11-04 3:37 pm By Christine Caulfield Melbourne

Venture capitalist Elaine Stead wants Australian Financial Review columnist Joe Aston to hand over documents connected to confidential sources, and says Aston can’t rely on a journalist’s privilege protecting the identity of informants.

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Rio Tinto execs want ASIC trial vacated due to COVID-19
Allen & Overy 2020-11-04 2:21 pm By Cat Fredenburgh

Two former executives of mining giant Rio Tinto accused by ASIC of breaching their directors duties have asked the court to vacate an upcoming trial, after raising concerns that COVID-19 could affect their ability to appear.

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Ex-Tennis Australia director Harold Mitchell must pay $90,000 in ASIC case
Aaron Weinstock 2020-11-04 12:47 pm By Miklos Bolza Sydney

The Federal Court has ordered former Tennis Australia director Harold Mitchell to pay a $90,000 penalty after a “narrow” win for ASIC in its case over the domestic broadcast rights to the Australian Open.

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Trivago loses appeal of ruling it misled consumers over hotel listings
ACCC 2020-11-04 12:04 pm By Christine Caulfield Melbourne

Hotel booking aggregator Trivago has lost its challenge to a court ruling that it misled consumers over its ranking of travel accommodation, in what the consumer regulator hailed as a win for consumers and a warning to comparison sites.

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ANZ looks to shut down rate-rigging whistleblower’s lawsuit
ANZ 2020-11-03 10:31 pm By Spencer Fowler Steen Melbourne

ANZ is gunning for a lawsuit alleging it dismissed a former director of trading after he complained about rate-rigging to be thrown out before trial.

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COVID-19 eviction moratorium doesn’t apply to lease breach unrelated to rent, court finds
Bernard Lloyd 2020-11-03 5:08 pm By Miklos Bolza Sydney

Two Sydney-based companies have lost a bid to reinstate their commercial lease, with a judge rejecting submissions that the COVID-19 moratorium on evictions applied to rental agreement breaches that did not relate to rent. In a judgment delivered on October 28, NSW Supreme Court Justice Geoff Lindsay rejected an interlocutory application by First Renewable and…

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Cigno, BHF say they did not need a licence for payday loans
ASIC 2020-11-03 3:41 pm By Miklos Bolza Sydney

Facing an ASIC enforcement action over alleged breaches of Australian credit laws, payday lenders BHF Solutions and Cigno claim they did not need a licence to issue loans to hundreds of thousands of consumers.

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Citing dangers of ‘hypothetical postulation’, Full Court declines to answer common fund order question
7-Eleven 2020-11-03 3:25 pm By Miklos Bolza Sydney

The Full Court Federal Court has declined to answer a question posed by 7-Eleven as to whether common fund orders can be made on settlement or judgment in a class action, saying the issue should be dealt with on facts, not assumptions. In a judgment handed down on Tuesday, the Full Court dismissed 7-Eleven’s bid…

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Lawyer Alex Elliott ‘didn’t know any better’, Banksia class action trial hears
Andrew Palmer 2020-11-02 10:36 pm By Christine Caulfield Melbourne

The son of Banksia class action funder Mark Elliott, who has been accused of complicity in a fraudulent scheme to maximise the profits of the lawyers in the case, was young and inexperienced and didn’t know his father’s conduct was wrong, his barrister has told a court.

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