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Class action puts pressure on Icon for speedy resolution of Opal Tower insurance case
Barry Nilsson Lawyers 2019-11-12 4:23 pm By Miklos Bolza

Construction firm Icon Co has pressed the Federal Court for an expedited hearing in its case against insurers Liberty Mutual Insurance and QBE over the 2018 Opal Tower disaster, saying it wants to resolve the matter before a class action brought by apartment owners in building progresses too far.

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Major League Baseball takes another swing at Philip Morris trade mark
Consumer Goods 2019-11-08 4:43 pm By Miklos Bolza

American professional baseball organisation Major League Baseball is taking Philip Morris to court over the tobacco giant’s bid to extend protection for an international trade mark on the acronym ‘MLB’.

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ACCC to challenge dismissal of TPG case over non-refundable prepayments
Bret Walker 2019-11-08 12:43 pm By Christine Caulfield

The consumer watchdog is appealing a ruling dismissing its case against TPG over contract terms that allowed the internet provider to keep customers’ unused prepaid funds on phone or internet plans.

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Icon denies QBE exclusions applied in Opal Tower disaster
Barry Nilsson Lawyers 2019-11-07 4:47 pm By Miklos Bolza

Construction firm Icon Co has rejected QBE Underwriting’s argument that exclusion clauses in coverage for Sydney’s Opal Tower meant the insurer did not have to indemnity it after a series of major cracks in the building led to the evacuation of thousands of residents on Christmas Eve last year.

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Designer appeals loss after court finds bikini style name not a trade mark
Actuate Legal 2019-11-06 7:06 pm By Christine Caulfield

Women’s fashion designer Pinnacle Runway is challenging a ruling that found a rival’s use of the name ‘Delphine’ to describe a bikini style did not constitute trade mark infringement, but the challenge might cost more than the fight is worth, after a judge found the company had already spent “many times more in legal costs” then it could hope to recover.

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Litigation funder throws off lawsuit seeking cut of $5M class action fee
Business of Law 2019-10-29 4:07 pm By Cat Fredenburgh

Lawfinance, formerly known as Just Kapital, has won summary dismissal of a lawsuit initiated by its founder seeking a piece of the funder’s $5 million cut of the $16.85 million Wickham securities class action settlement.

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Corrs Chambers Westgarth subpoena set aside in Rinehart family feud
Adam Hochroth 2019-10-28 9:37 pm By Cat Fredenburgh

A subpoena issued by the daughter of mining magnate Gina Rinehart seeking documents from Corrs Chambers Westgarth, the law firm representing her mother’s company, has been set aside by a judge, who found the material had no forensic purpose in the family’s long-running fight over a $5 billion trust.

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Western Union manager could not have known no-show employee had mental illness, Full Court says
Appeals 2019-10-24 5:21 pm By Miklos Bolza

International money transfer giant Western Union has successfully appealed a $160,000 judgment in an employment discrimination case, with the Full Federal Court finding the firm’s HR manager could not have known the employee, who was absent from work for seven months prior to the dismissal, actually suffered from a mental disability.

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Ashley & Martin to refund customers for patchy hair loss treatment
Competition & Consumer Protection 2019-10-24 2:55 pm By Cat Fredenburgh

The Federal Court has ordered hair loss company Ashley & Martin to refund customers for hair loss treatment they did not receive, after finding three of the company’s standard form contracts contained unfair terms.

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Ashurst partner slams ruling from ‘confused’ judge in dispute with ex-judge neighbour
Ashurst 2019-10-18 9:03 pm By Miklos Bolza

A partner at Big Six firm Ashurst has challenged a NSW Supreme Court decision appointing liquidators to his Point Piper home in a protracted dispute with an ex-judge neighbour, saying the judge was confused and made an order which was an “affront to our system of adversarial justice”.

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