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a2 Milk wins trade mark ruling after IP Australia left ‘legitimate uncertainty’
Baker McKenzie 2021-12-03 5:08 pm By Miklos Bolza

A judge has allowed two a2 Milk trade marks to proceed to registration despite “legitimate uncertainty” created by IP Australia in a long-running intellectual property spat with competitor Lion Dairy & Drinks.

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ACCC trying to ‘fit a square peg into a round hole’ with bank cartel case, court hears
ACCC 2021-12-03 4:59 pm By Cindy Cameronne

The ACCC has been accused of running a “experimental test case” that tries to fit the shares market within the scope of the Competition and Consumer Act with its criminal cartel case against Citigroup, Deutsche Bank and several prominent banking executives over a $2.5 billion ANZ share placement.

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Fair Work Commission finds BHP vaccine mandate unlawful
BHP 2021-12-03 10:44 pm By Cat Fredenburgh

A full bench of the Fair Work Commission has struck down a BHP requirement that all workers at its Mt Arthur coal mine in NSW be vaccinated against COVID-19, finding the mandate was unreasonable and unlawful for lack of consultation.

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Training college AIPE hit with record $153M penalty for ‘unconscionable’ enrolment system
ACCC 2021-12-03 1:04 pm By Miklos Bolza

Collapsed NSW training company Australian Institute of Professional Education has been slugged with a $153 million penalty, the highest ever fine in a consumer law case, after the Federal Court found the school targeted vulnerable students through an “unconscionable” enrolment system.

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Judge denies ‘hostility’ towards COVID-19 vaccine mandate challengers
Alistair Pound 2021-12-03 5:14 pm By Bianca Hrovat

Victorian workers challenging the government’s health directions requiring workers to be vaccinated against COVID-19 have lost their second bid to disqualify the judge hearing the case on the ground of apprehended bias.

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NAB super class action won’t get decision on damages at initial trial
Class Actions 2021-12-03 9:43 pm By Cindy Cameronne

The applicant in a class action against NAB superannuation trustee NULIS has lost his bid to have a judge determine aggregate damages at an initial trial.

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WiseTech reaches settlement in freight forwarder’s restraint of trade case
Baker McKenzie 2021-12-03 1:12 pm By Bianca Hrovat

Freight forwarding company Mondiale has dropped its court action against WiseTech Global alleging the logistics firm breached competition law by misusing its substantial market power.

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‘No prospects of success’: Judge tosses COVID-19 class action over Victoria’s botched hotel quarantine
Adam Hochroth 2021-12-02 11:43 am By Bianca Hrovat

Two landmark class actions seeking damages from the Victorian government for economic losses suffered during last year’s second wave of COVID-19 have been thrown out, but one of the cases will be given a second chance to proceed.

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‘Don’t panic’: JPMorgan boss tried to allay bank exec’s fears over shortfall, court told
ACCC 2021-12-02 9:52 pm By Cindy Cameronne

JPMorgan Australia chairman Rob Priestley told Citigroup and Deutsche Bank executives not to “panic” about picking up a shortfall in the sale of ANZ shares, a court has heard in the ACCC’s criminal cartel case over a $2.5 billion ANZ share placement.

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Judge makes first class action order giving law firm cut of proceeds
Claire Harris 2021-12-02 10:24 am By Cindy Cameronne

Saying the funding arrangement would eliminate the possibility that legal costs ate up the majority of any return to group members, a judge overseeing a shareholder case against G8 Education has issued the first ever group costs order in a class action.

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