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DLA Piper sued by QC, junior barrister over $370,000 in unpaid fees
Article 2019-01-16 10:13 pm By Christine Caulfield

A Queens Counsel and a junior barrister at the Victorian Bar are taking DLA Piper to court, accusing the law firm of failing to pay more than $370,000 in fees.

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ASIC asks High Court to clarify meaning of ‘officer’
Appeals 2019-01-16 9:58 pm By Miklos Bolza

ASIC is seeking approval from the High Court to appeal a judgment that let a former director of Gold Coast finance company MFS Group partially off the hook for $147.5 million in misappropriated funds, saying the High Court needs to clarify the scope of the word “officer” under the Corporations Act.

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ACCC can seek fines against defunct dealer of fake Aboriginal art
Archibald & Brown 2019-01-16 5:17 pm By Miklos Bolza

The ACCC can continue its case against failed Aboriginal art wholesaler Birubi Art, which went into liquidation after the court found it violated the Australian Consumer Law by selling fake Aboriginal goods.

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Spotless judgment clarifies redundancy payment exception
Australian Government Solicitor 2019-01-16 5:14 pm By Miklos Bolza

Spotless Services violated the Fair Work Act by failing to pay redundancy for workers employed at Perth International Airport, a court has found, in a ruling that clarifies when employers are on the hook for redundancy payments.

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Carlisle, Resimax settle copyright dispute over home designs
Construction 2019-01-16 1:44 pm By Cat Fredenburgh

Home builder Carlisle Homes has agreed to settle its lawsuit against home builder Resimax after its rival agreed to stop selling residential home plans that allegedly infringe Carlisle’s copyright-protected home designs.

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NAB says customers could decide if credit card insurance was ‘worthless’
Class Actions 2019-01-16 12:01 pm By Miklos Bolza

National Australia Bank has rejected a class action’s claims that it pushed worthless credit card insurance onto its customers, saying it was up to the customers to determine the true value of the coverage.

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Opal Tower ‘structurally sound’ but flaws found in design, construction, report says
Class Actions 2019-01-15 10:40 pm By Cat Fredenburgh

The cracks that led to the evacuation of Sydney’s Opal Tower and threats of litigation have been blamed on design and construction issues, but the building is structurally sound and not in danger of collapse, according to an interim report commissioned by the NSW Government.

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VW knew about defeat software but ACCC doesn’t need to prove it, court told
Australian Government Solicitor 2019-01-15 9:25 pm By Miklos Bolza

The ACCC does not need to prove Volkswagen knew about the diesel emissions software at the heart of its action against the car giant — that’s just a factor that will magnify penalties in the case, the regulator has told a court.

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Atomic coffee machine distributor roasted in appeal of trade mark decision
Bird & Bird 2019-01-15 8:30 pm By Christine Caulfield

The Australian distributor of Atomic coffee machines has lost a Federal Court appeal of an IP Australia decision allowing the registration of the Atomic trade mark by a South Perth cafe, with a judge slamming her evidence on the stand as untruthful.

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Apple settles ‘HealthKit’ trade mark dispute with Aussie startup
Angus Lang 2019-01-15 11:47 am By Miklos Bolza

Tech giant Apple can move forward with its plans to register the “HealthKit” trade mark for its popular health and fitness tracking app after resolving a dispute with an Australian startup over the mark.

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