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IP Australia shreds cheese makers’ opposition to ‘parmesan’ trade mark
Appeals 2023-04-27 10:00 pm By Cat Fredenburgh

A consortium of parmigiano reggiano producers has lost its opposition to registration of a parmesan trade mark in Australia by an international group dedicated to protecting common names from being monopolised.

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Class action against NT government alleging institutional racism must clarify case
Class Actions 2023-04-27 3:54 pm By Cindy Cameronne Sydney

A judge has told a class action applicant alleging institutional racism targeting the Indigenous population of a remote NT community to clarify his case over the availability of interpreting services.

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Singer Katy Perry loses trade mark stoush with Aussie designer
Christian Dimitriadis 2023-04-27 2:44 pm By Cindy Cameronne

In what a judge has dubbed a “tale of two women, two teenage dreams and one name”, US pop star Katy Perry has lost her bid to cancel the “Katie Perry” trade mark owned by an Australian designer and has been barred her from using her stage name to market clothing merchandise. 

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Class action argues fraud exception makes Norton Rose, Deloitte emails fair game
Allens 2023-04-26 11:47 pm By Cindy Cameronne Sydney

A class action over the collapse of Walton Construction has argued the National Australia Bank cannot shield communications with Norton Rose Fulbright and Deloitte because they were made to further a fraud or otherwise had an illegal or improper purpose.

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AIG can’t withdraw admission in Linchpin class action
Assembly Law 2023-04-26 11:31 pm By Cindy Cameronne Sydney

A judge has refused American International Group’s bid to withdraw an admission that directors of defunct advisory firm Linchpin Capital were covered under a D&O policy in an investor class action that has settled against everyone but the insurer. 

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‘The book was covered’: ANZ fights ‘entirely novel’ ASIC case over $2.5B share placement
Allens 2023-04-26 11:18 pm By Sam Matthews Melbourne

ANZ has told a court it had no obligation to disclose a $750M bailout by the underwriters of a $2.5B equity capital raising in 2015, in ASIC’s case alleging the bank breached its continuous disclosure obligations by failing to alert the market to the bailout.

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Scenic Tours can cross-examine group members in cruise class action
Andrew Jordan 2023-04-26 10:55 pm By Cat Fredenburgh

A judge has ruled Scenic Tours can cross-examine class action members without seeking approval from referees, who will oversee a process for assessing amounts owed to them, after the tour operator mostly lost its appeal of a judgment that put it on the hook for damages to disappointed cruise goers.

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Hog’s Breath Cafe franchisees mull declassing bid in own class action
Class Actions 2023-04-26 2:38 pm By Christine Caulfield Melbourne

The lead applicant in a franchisee class action against the Hog’s Breath Cafe restaurant chain is considering an application to declass the case it brought after losing a challenge to a $1.23 million security for costs order.

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Judge ‘frustrated’ that remaining PFAS class action has not settled
Catherine Gleeson 2023-04-26 2:09 pm By Cindy Cameronne Sydney

A judge has expressed his “frustration” that a class action against the government over the use of alleged toxic firefighting foam has not settled despite the resolution of similar group proceedings almost three years ago. 

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‘You could get a law degree in the time spent on this case’: Barrister’s fee overrun in spotlight
Appeals 2023-04-24 11:20 pm By Christine Caulfield

A barrister’s $320,000 bill for a case initially estimated to cost $60,000 in counsel fees was at the centre of an appeals court hearing Monday, and the dispute mirrors another battle between the practitioner and his instructing solicitor involving a cost blowout of a quarter of a million dollars.

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