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Game over for Monster Energy’s opposition to ‘Monster Strike’ trade mark
Andrew Fox 2020-10-19 9:49 pm By Cat Fredenburgh Melbourne

A judge has shot down Monster Energy’s opposition to Japanese software company Mixi registering the ‘Monster Strike’ trade mark in Australia for its popular video game of the same name, the second judge to find the energy drink maker’s standalone ‘Monster’ mark does not have a significant reputation in Australia.

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Arnold Bloch Leibler can’t use Slater & Gordon client files in class action defence
Arnold Bloch Leibler 2020-10-19 8:54 pm By Christine Caulfield Melbourne

A judge has dismissed a lawsuit brought by Arnold Bloch Leibler seeking to use information from its legal work on Slater & Gordon’s $1.2 billion acquisition of UK firm Quindell to defend itself in a class action brought by the plaintiffs firm’s shareholders.

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Judge fines NAB $15M, questions ASIC’s ‘introducer’ investigation
Amelia Avery-Williams 2020-10-19 6:01 pm By Miklos Bolza Sydney

A judge has slapped National Australia Bank with a $15 million penalty over its scandal-ridden home loan introducer program but slammed ASIC’s investigation into the program, saying there was no “real regulatory desire to pursue a thorough investigation as to what in truth occurred”.

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Clive Palmer accused of ‘burning, notorious’ infringement as Twisted Sister copyright trial kicks off
Alexander Law 2020-10-19 4:32 pm By Miklos Bolza Sydney

Universal Music has accused Clive Palmer of “burning, notorious” copyright infringement by using a rewritten version of Twisted Sister’s smash hit We’re Not Gonna Take It in a series of “grating and annoying” political ads.

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Western Australia hit with stolen wages class action
Class Actions 2020-10-19 11:51 am By Cat Fredenburgh Melbourne

The state of Western Australia is facing a class action by Indigenous workers seeking to recover stolen wages, after a historic $190 million settlement was reached last year in a stolen wages class action against the state of Queensland.

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CFMEU wins Full Court challenge to ‘serial offender’ penalty
Appeals 2020-10-16 11:52 pm By Christine Caulfield Melbourne

A history of serial offending by the CFMEU could be factored into a court’s finding on the gravity of later breaches of the Fair Work Act, but not to the extent that the union pays a disproportionate penalty, the Full Federal Court has found in a significant ruling that settles conflicting case law.

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Victoria keeps options open in High Court lockdown challenge
Coronavirus 2020-10-16 6:29 pm By Miklos Bolza Sydney

The Victorian government has not decided how it will respond to a constitutional challenge brought in the High Court against the state’s COVID-19 lockdown measures, and has been given just four more days to make its move. 

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Judge backs ASIC plan to ban OTC binary options as issuers hit with $75M penalty
Angus Christophersen 2020-10-16 4:52 pm By Christine Caulfield Melbourne

Over-the-counter derivative issuers AGM Markets, OT Markets and Oxifin Tech have been ordered to pay a total of $75 million in penalties after a ruling that they engaged in unconscionable conduct causing losses of over $30 million to unsophisticated investors seeking what a judge called “financial heroin hits”.

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Chubb wouldn’t want survival of Opal Tower concrete specialist on conscience, judge says
Chief Justice James Allsop 2020-10-16 2:39 pm By Miklos Bolza Sydney

The chief judge of the Federal Court has told Chubb Insurance to consider whether it wants to be held responsible for the commercial viability of Evolution Precast Systems, which has been denied coverage over the ill-fated Opal Tower and faces myriad legal claims.

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Daily Mail ‘set up’ sports journalist Erin Molan and sparked public firestorm, court hears
Clayton Utz 2020-10-16 12:42 pm By Miklos Bolza Sydney

The Daily Mail’s concerted campaign against Erin Molan was a set-up that damaged her reputation and sparked a public “firestorm” against the Nine sports reporter, the Federal Court has heard.

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