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McMillan Shakespeare settles class action over ‘illusory’ car warranties
ASIC 2020-10-05 10:46 pm By Cat Fredenburgh Melbourne

McMillan Shakespeare has settled a class action alleging one of its units engaged in unfair tactics and unconscionable conduct in the sale of car warranties that offered “no benefit or value” to consumers.

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A tale of two class actions: Helmed by same legal team, Murray Goulburn, Banksia cases chart different paths
Agriculture 2020-10-05 5:14 pm By Christine Caulfield Melbourne

The Murray Goulburn class action run by Elliott Legal bears similarities to the Banksia class action, a case rife with scandal and offered up by opponents as proof of the problems with the class action regime. The leading lawyers were the same in both cases. In one they have abandoned any claim to their fees and have walked away from their careers. In the other they walked away with $5 million.

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Air France loses bid to limit injunction in ‘Love Is In The Air’ copyright case
Banki Haddock Fiora 2020-10-05 4:36 pm By Cat Fredenburgh Melbourne

A judge has issued a broader injunction barring Air France from using the song ‘Love Is In The Air’ than the one proposed by the airline, after finding an Oregon electronic duo’s song which was licenced to Air France copied the 1977 disco hit.

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Former TechnologyOne exec awarded $5.2M for unfair dismissal
Employment 2020-10-05 2:32 pm By Cat Fredenburgh Melbourne

Australian software company TechnologyOne has been ordered to pay one of its former high-earning executives $5.2 million after a court found he was unfairly terminated for making complaints about workplace bullying.

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Merck Sharp & Dohme settles trade mark spat with German drug company
Corrs Chambers Westgarth 2020-10-05 12:45 pm By Cat Fredenburgh Melbourne

US drug company Merck Sharp & Dohme has settled trade mark litigation brought by German drug maker Merck KGaA alleging it violated a 1970 agreement by using the “Merck” mark in Australia.

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Macquarie Bank on the hook for paying advisers leave entitlements
Anthony Britt 2020-10-02 10:40 pm By Christine Caulfield Melbourne

Former Macquarie Bank financial advisers who claimed their commission pay structure left them shortchanged have won their case for back pay for annual and personal leave, in the first decision in a group of cases against the wealth manager.

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Michael Kodari can’t overturn $150,000 judgment for sacked bodyguard who sought legal advice
Aaron Cornish 2020-10-02 3:49 pm By Miklos Bolza Sydney

Investment whiz Michael Kodari has lost his appeal of a $151,000 judgment awarded in favour of his former bodyguard, who lost his job — and his company Maserati — after wanting to seek legal advice about a new employment contract.

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Viagogo slugged with $7M penalty for duping customers on ‘industrial scale’
Competition & Consumer Protection 2020-10-02 2:34 pm By Christine Caulfield Melbourne

Viagogo has been ordered to pay a $7 million penalty for misleading customers into thinking the ticket reseller was an official vendor and failing to disclose booking fees of around 28 per cent.

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Banksia judge to hear case against lawyer Alex Elliott after appeals court nixes recusal bid
Angus Christophersen 2020-10-02 1:54 pm By Christine Caulfield Melbourne

An appeals court has dismissed a second bid by lawyer Alex Elliott to have the judge overseeing the Banksia class action disqualified from hearing claims that he, like his late father, was party to an alleged fraudulent scheme in running the litigation.

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‘Battle of the burgers’: McDonald’s fires up claim over cheeky Hungry Jack’s ad
Addisons 2020-10-02 11:18 am By Miklos Bolza Sydney

Fast food giant McDonald’s will expand its lawsuit against rival Hungry Jack’s to bring a misleading and deceptive conduct allegation over an ad that claims the Big Jack burger is “clearly bigger” than the Big Mac.

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