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Judge recuses himself from Sunshine Loans penalty hearing, calls for new court protocol
Legal Ethics 2024-07-18 11:15 pm By Sam Matthews

The judge who presided over ASIC’s successful case against payday lender Sunshine Loans has recused himself from deciding on penalty in the matter, saying a new court protocol might be needed for when a judge makes an adverse credit finding during the liability phase of a case.

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AFL merch maker wins trade mark suit against US company Fanatics
Intellectual Property 2024-07-18 10:02 pm By Sam Matthews

AFL merchandise maker FanFirm has won a trade mark case against US sports merchandise giant Fanatics, with a judge finding it knew about the Australian company’s ‘Fanatics’ trade marks when it chose its corporate name.

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Judge rejects law firm’s updated bid in Hyundai, Kia class actions
Class Actions 2024-07-17 11:50 pm By Sam Matthews

A judge has rejected a law firm’s attempt to update its bid to run class actions against Hyundai and Kia, saying the changes were intended to net the firm a competitive advantage in an upcoming fight for carriage of the class actions and different in substance from its previous position.

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Law firm director sacked assistant in ChatGPT-written text message, FWC finds
AI 2024-07-17 9:36 pm By Sam Matthews

The director of a Perth law firm fired a legal assistant by a text message that was generated with ChatGPT, the Fair Work Commission has found.

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Government backs FWC plan to put CFMEU construction division into administration
Construction 2024-07-17 11:25 pm By Sam Matthews

Employment Minister Tony Burke says he will support the Fair Work Commission’s plan to appoint an independent administrator to the construction division of the CFMEU and flagged an AFP investigation into recent allegations the union has been infiltrated by criminal figures. 

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Aristocrat says class action applicant should have deleted gambling app
Class Actions 2024-07-16 11:26 pm By Sam Matthews

Aristocrat Leisure has hit back at a class action over its allegedly illegal ‘social casino’ apps, saying that playing is optional and that the lead applicant should have deleted the games.

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Monash IVF fights plaintiff’s ‘new case’ in embryo class action
Class Actions 2024-07-15 2:52 pm By Sam Matthews

Monash IVF is fighting a class action’s bid to file a fourth statement of claim in the three year-old case over the alleged destruction of potentially viable embryos, saying the proposed pleadings sparked by an expert report constituted a new case. 

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Promise did not seal contract, judge says in tossing Cirrus case over NZ Defence Force training
Contracts 2024-07-15 11:32 pm By Sam Matthews

A judge has tossed a contract claim brought against aircraft maintenance company Hawker Pacific by scorned subcontractor Cirrus RTPS, finding that a purported agreement surrounding a joint bid for services offered by the New Zealand Defence Force was not intended to be binding.

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Judge to consider rare step of ordering costs against Shane Heal in failed Fair Work case
Employment 2024-07-12 11:29 pm By Sam Matthews

A judge is considering the extraordinary step of ordering costs against basketball coach Shane Heal in his failed Fair Work case against the Sydney Flames, saying the case was “very much on the margin” of constituting an exception to the no-costs rule. 

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Westpac unit RAMS faces trade mark appeal from fund manager RAM
Intellectual Property 2024-07-12 11:19 pm By Sam Matthews

Fund manager Real Asset Management has appealed a ruling which upheld mortgage broker RAMS’ bid to block the registration of two RAM trade marks. 

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