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Woolworths class action settlement ditched after judge expresses concerns
Class Actions 2022-03-08 12:36 pm By Miklos Bolza

A class action settlement with Woolworths which “troubled” a Federal Court judge has been abandoned, with the lead applicants resuming their bid to intervene in a parallel proceeding brought by the Fair Work Ombudsman against the supermarket giant.

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HWL Ebsworth says missing clause couldn’t have led to client’s $130M loss
Professional Negligence 2022-03-08 9:09 pm By Bianca Hrovat

HWL Ebsworth has told a judge the law firm’s omission of a mutual debt liability clause in a joint venture contract could not have led former client Dairycorp to lose a $130 million opportunity to develop land northwest of Sydney.

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Firstmac slams Zip Pay provider’s defences in fight over ‘Zip’ trade mark
Intellectual Property 2022-03-08 11:30 pm By Cat Fredenburgh

Buy now, pay later giant Zip Co cannot rely on its infringing use of the ‘Zip’ trade mark to defend a lawsuit by the mark’s owner Firstmac, the mortgage provider’s barrister told a judge on the first day of trial in the high-stakes intellectual property dispute.

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Redbubble can’t dodge Hells Angels trade mark infringement claims
Intellectual Property 2022-03-08 6:24 pm By Miklos Bolza

Online marketplace Redbubble cannot rely on the terms of a settlement with the US chapter of Hells Angels to avoid trade mark infringement claims by the Australian arm of the bikie gang, a court  has ruled.

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‘That’s not what investors signed up for’: Linchpin used funds for unauthorised loans, court told
Trials 2022-03-08 9:40 pm By Sam Matthews

Clients of Linchpin Capital Group and subsidiary Endeavour Securities who were promised investments in a diversified loan portfolio were instead duped into funding Linchpin’s own business interests and lining its directors’ pockets, a judge has heard as trial got underway in ASIC’s case against three former Linchpin directors.

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Energy Beverages tries to revive ‘Mother’ trade marks
Appeals 2022-03-08 3:41 pm By Cat Fredenburgh

The maker of Mother brand energy drinks has filed an appeal challenging a judge’s decision to remove two of its registered ‘Mother’ trade marks for non-use.

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HWL Ebsworth overlooked ‘obvious red flags’ in joint venture contract, trial told
Professional Negligence 2022-03-07 9:11 pm By Bianca Hrovat

HWL Ebsworth’s clients suffered a staggering $130 million loss when the law firm’s solicitors failed to notice “obvious red flags” in a joint venture contract for an ambitious Sydney-based land development, a court has heard.

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‘The end of litigation as we know it’: Judge pans Nando’s costs in franchising spat
Franchises 2022-03-07 2:36 pm By Miklos Bolza

Nando’s Australia has been criticised for claiming that its costs in a dispute against a single franchisee could reach close to $2 million, with an associate judge saying the bill could kickstart a precedent that leads to “the end of litigation as we know it”.

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WA premier says death threats followed Clive Palmer’s ‘outrageous’ remarks
Trials 2022-03-07 9:39 pm By Sam Matthews

Taking the stand Monday in a defamation dispute with mining billionaire Clive Palmer, WA premier Mark McGowan said Palmer’s “hurtful and outrageous” public comments led to death threats against his wife and family.

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$28M settlement in Arnold Bloch Leibler class action to get court’s OK
Class Actions 2022-03-04 11:05 am By Christine Caulfield

A judge will approve a $28 million settlement resolving a class action against Arnold Bloch Leibler over advice the law firm gave to Slater & Gordon ahead of a disastrous acquisition. A 28 per cent commission for the case’s funder will also get the court’s nod.

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