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‘Bit of a stretch’: Judge looks dimly on Squirrel’s defence in ASIC case
ASIC 2021-03-12 4:30 pm By Cindy Cameronne

A judge has questioned fintech company Squirrel Super’s defence in ASIC’s case alleging it made false and misleading statements about returns on property investments, saying it “looked like a bit of a stretch” at first glance.

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Judge pans ‘irresponsible journalism’ over reporting of CEO who paid nanny $13K for year’s work
Bartier Perry 2021-03-12 3:34 pm By Christine Caulfield

A judge has slugged the CEO of a Sydney property development company with a $32,500 penalty for underpaying a live-in nanny, but he aimed his wrath at the media for having “wrongly branded” the businessman as someone who engaged in modern slavery.

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Monsanto class action judge won’t rule on expert evidence in novel hearing
Anna Robertson 2021-03-11 10:07 pm By Christine Caulfield

A judge overseeing a class action against Bayer-owned Monsanto over its allegedly carcinogenic weedkiller, Roundup, has declined to rule on the admissibility of expert evidence in a hearing ahead of trial next year, despite concerns about the independence of the expert witnesses for the class.

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CBA says ‘non-existent’ chance it will make admissions in ASIC’s conflicted remuneration case
Anna Wilson 2021-03-11 7:27 pm By Cindy Cameronne

The Commonwealth Bank of Australia has told a judge there’s no chance it will admit to ASIC’s allegations that it accepted conflicted remuneration through the sale of its Essential Super product, likening the matter to ASIC’s failed ‘Wagyu and shiraz’ case against Westpac.

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Full Court dashes Bendigo and Adelaide Bank’s hopes of saving ‘community bank’ trade mark
Allens 2021-03-11 4:47 pm By Cat Fredenburgh

Bendigo and Adelaide Bank has lost its appeal of a ruling that revoked its 22-year-old ‘community bank’ trade mark, with the Full Federal Court agreeing that the phrase has an ordinary signification and cannot be trade marked for the bank’s services.

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$150M bushfire class action filed against SA Power Networks
Class Actions 2021-03-11 1:56 pm By Cat Fredenburgh

A $150 million class action has been launched against South Australian power company SA Power Networks over the December 2019 Cudlee Creek bushfire, which destroyed over 96 homes in the state and led to one death.

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Peloton files lawsuit over rival’s ‘spinning’ trade mark ahead of launch in Australia
Ashurst 2021-03-11 1:19 pm By Cat Fredenburgh

The company behind the Peloton interactive exercise bike, which has amassed a cult following in the US during the coronavirus pandemic, has taken legal action against a California-based fitness company seeking the removal of its ‘spinning’ trade mark ahead of Peloton’s planned launch in Australia.

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Katy Perry ‘cannot avoid discovery process’ in trade mark dispute, court told
Corrs Chambers Westgarth 2021-03-11 11:49 am By Cindy Cameronne

A fight is brewing over allegedly deficient discovery provided by pop star Katy Perry in her trade mark dispute with Sydney fashion designer Katie Perry, with a judge hearing that text messages from the singer’s phone that may be relevant to the case have not been handed over.  

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MinterEllison appoints acting CEO after Kimmitt thanked for service, shown the door
Business of Law 2021-03-11 11:29 am By Christine Caulfield

MinterEllison has appointed Sydney-based partner Virginia Briggs as acting chief executive officer after the board asked CEO Annette Kimmitt to leave over her controversial staff email about the firm’s work for Attorney-General Christian Porter.

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Epic Games brings competition case against Google over in-app purchases
Clifford Chance 2021-03-10 10:31 pm By Cindy Cameronne

Fortnite developer Epic Games has filed a lawsuit against Google for alleged anti-competitive conduct and misuse of market power, after launching a similar claim against Apple in November.

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