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ASIC’s power to order fines for Credit Code violations won’t face challenge
ASIC 2023-06-27 11:54 pm By Cindy Cameronne

Queensland lender SunshineLoans has lost its second bid for the Full Court to decide whether ASIC has the power to bring civil penalty proceedings for violations of the Credit Code, with a judge finding its arguments were not strong enough to vacate an upcoming trial.

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No win, no fee model bashed in four-way fight to run Star class action
Class Actions 2023-06-27 11:36 pm By Sam Matthews

Three firms fighting for carriage of a $80 million class action against Star Entertainment say a group costs order would guard against ‘costs blowouts’ in the case and have urged a judge to ditch a no win, no fee proposal brought by fourth-to-file firm Shine Lawyers.

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Hannover Life scores partial win against tax office over GST credits
ATO 2023-06-27 5:18 pm By Gareth Baker

Hannover Life Re should be allowed tax credits for GST paid on a share of its overheads, including rent and power, a judge has found in a partial win for the reinsurer.

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Nine can rely on reputation evidence in Euro Pacific CEO’s case
Dauid Sibtain 2023-06-27 4:35 pm By Cindy Cameronne

Nine has partially won its bid to include evidence about the reputation of Euro Pacific CEO Peter Schiff in an attempt to minimise the damages it will owe after abandoning its substantive defences in defamation proceedings by the bank boss.

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Sour grapes as Champagne growers appeal trade mark decision
Appeals 2023-06-27 4:18 pm By Gareth Baker

The French association representing wine producers from Champagne is appealing a recent trade mark loss to an Australian health retailer, claiming a product being sold on Aussie shelves is using its coveted name without assurances it originates from the French region. 

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Viterra loses appeal of Cargill’s $300M win over Joe White sale
Allan Myers 2023-06-27 3:48 pm By Cindy Cameronne

In a decade-old dispute, Viterra has lost an appeal of a judgment holding it liable to pay Cargill Australia $293 million for misrepresentations about the performance of its malt producer Joe White, which it sold to Cargill for $420 million in 2013.

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CBA hires Clayton Utz partner to lead in-house legal team
Business of Law 2023-06-27 3:06 pm By Gareth Baker

Commonwealth Bank of Australia has recruited Clayton Utz partner and executive chair Karen O’Flynn to replace the outgoing Carmel Mulhern as the bank’s group general counsel.

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Seven tries to resurrect ‘7Now’ mark in IP stoush with 7-Eleven
7-Eleven 2023-06-26 11:41 pm By Cat Fredenburgh

Seven Network has appealed a ruling that revoked its 7NOW trade mark for non-use in a victory for convenience chain 7-Eleven as it seeks to expand its presence in Australia.

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Companies doing remote work all wrong, law firm head says
Business of Law 2023-06-26 11:17 pm By Gareth Baker

For Meridian Lawyers managing director Paul Baker, the challenging decisions for executives post-COVID are almost as great now as they were in the difficult early days of the pandemic, including getting it right on remote work.

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Sydney Trains driver sacked for drinking deserves rehearing, Full Court says
Appeals 2023-06-26 10:05 pm By Gareth Baker

The Full Court has held a Sydney Trains driver who worked the morning after blowing over four times the legal limit is entitled to a rehearing, finding the Fair Work Commission failed to properly consider a section of its own founding legislation. 

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