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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 Melbourne

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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CFMMEU sued over official’s potty mouth
Article 2019-01-15 10:12 pm By Cat Fredenburgh Melbourne

Australia’s building watchdog has taken the CFMMEU to court after one of its officials allegedly called a health and safety officer a “f****ing dog” during a site visit to the Cairns Performing Arts Centre last year.

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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 Sydney

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 Sydney

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 Sydney

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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The cases facing the Big Four banks in 2019
Article 2019-01-14 11:47 pm By Christine Caulfield Melbourne

Australia’s four biggest lenders had an expensive year in court last year, but with cases spilling over into the new year and the fallout from the Royal Commission expected to see a litigation blitz by regulators and class action lawyers, much more is in store for the banks in 2019. Here, Lawyerly takes a look at the court cases facing ANZ Banking Group, Commonwealth Bank of Australia, National Australia Bank and Westpac Banking Corp so far this year.

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No fast end to McDonald’s hipster cafe trade mark dispute
Clayton Utz 2019-01-14 10:37 pm By Cat Fredenburgh Melbourne

A David versus Goliath trade mark battle between an iconic Melbourne pub and McDonald’s over the global food giant’s new hipster cafe will continue, after the parties failed to reach an agreement to put the dispute to rest.

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Judge orders Rinehart family feud into arbitration
Clayton Utz 2019-01-14 8:40 pm By Miklos Bolza Sydney

The Supreme Court of Western Australia has stayed counterclaims by Bianca Rinehart and John Hancock and sent a long-running Rinehart family dispute over control of valuable mining assets such as the Hope Downs iron ore mine into arbitration.

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Cargill ordered to give Glencore info on unauthorised barley use
Agriculture 2019-01-14 5:08 pm By Cat Fredenburgh Sydney

Agricultural giant Cargill has been ordered to hand over documents to Glencore regarding its use of an unauthorised type of barley before and after its $420 million acquisition of malt producer Joe White.

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Railtrain recklessly misled vocational trainees, union tells court
Education 2019-01-14 4:34 pm By Miklos Bolza Sydney

Vocational training firm Railtrain knowingly and recklessly misled trainees about their rights to be paid as employees, according to an amended court filing by the Rail, Tram, and Bus Industry Union.

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