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Seven loses stoush with 7-Eleven over ‘7NOW’ trade mark
Intellectual Property 2023-06-08 11:38 pm By Gareth Baker

Seven Network has lost its effort to stop convenience chain 7-Eleven from using a contested logo even though Seven had registered the trade mark first, with a court finding the broadcaster sat on the mark for too long before using it. 

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Cruise class action wins $23M settlement from Scenic Tours the hard way
Class Actions 2023-06-08 1:46 pm By Sam Matthews

Cruise operator Scenic Tours has agreed to settle a long-running class action with travellers who were promised a “once in a lifetime cruise along the grand waterways of Europe” but were instead forced to take the bus, after almost ten years of litigation that went all the way to the High Court.

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Ex-HopgoodGanim client who was afraid to question invoices runs out of time
Business of Law 2023-06-08 11:29 pm By Sam Matthews

A former client of HopgoodGanim has lost an out-of-time bid to challenge 31 invoices, after a judge found her fear of starting a fight with the law firm while it still represented her was “not well founded”.

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Declassing orders must be ‘all or nothing’, court told in breast implants class action
Class Actions 2023-06-08 11:25 pm By Cindy Cameronne

A declassing bid by nine doctors in a class action on behalf of women allegedly injured by a one-size-fits-all approach to breast implant surgeries must apply to the entire proceeding, not just the claims against them, a court has heard.

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Hyundai, Kia can’t inspect vehicles at centre of class actions
Class Actions 2023-06-07 11:11 pm By Sam Matthews

A judge overseeing class actions against car makers Hyundai and Kia over alleged engine defects has dismissed the carmakers’ bid to inspect the lead applicants’ vehicles before defences are filed in the proceedings.

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Clive Palmer can’t quash CITIC subpoenas over sale of nickel refinery in $1.8B case
Energy & Natural Resources 2023-06-07 11:56 pm By Gareth Baker

Mining magnate Clive Palmer and his company Mineralogy have lost a bid to block subpoenas asking their advisors to hand over information regarding the sale of Townville’s Yabulu nickel and cobalt refinery, as part of a $1.8 billion fight over the value of the site.   

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ASIC, NAB clash over $10M penalty exposes ‘vague status’ of concise claims, judge says
Financial Services 2023-06-06 3:53 pm By Sam Matthews

NAB has told a court it should pay a $2 million penalty — not the $10 million proposed by ASIC  — for engaging in unconscionable conduct by overcharging customers, saying the exact words used in the regulator’s concise statement accuse it only of a single contravention.

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Insurers on hook for combustible cladding claims against builder LU Simon
Insurance 2023-06-06 3:14 pm By Cindy Cameronne

A judge has found insurers must cover claims against builder LU Simon Builders over alleged combustible cladding in Melbourne’s Atlantis Towers after a judge found the owners were “obvious candidates” to bring legal action.

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Coles, Woolworths ‘can’t hide behind’ poor records, court told as underpayments trial kicks off
Trials 2023-06-05 5:56 pm By Cindy Cameronne

On the first day of trial in parallel class actions and regulatory proceedings, the Fair Work Ombudsman panned the payment systems adopted by Woolworths and Coles for salaried managers, saying they were “entirely foreign” to the industrial award and that the supermarket giants had “no meaningful proper records” for overtime. 

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Insignia broke promise to hire PwC to review model portfolio: trial
Trials 2023-06-05 11:31 pm By Sam Matthews

Despite assurances, wealth manager Insignia Financial did not engage PricewaterhouseCoopers to review the performance of its ‘Buy Model” investment portfolio after an equities analyst complained it had been overstated, a court overseeing a shareholder class action trial has been told.

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