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‘Air of a Kafka novel’: NAB loses bid to suppress misleading or deceptive conduct case
Financial Services 2024-02-19 3:25 pm By Cindy Cameronne

National Australia Bank has lost its bid to shield a case by a Melbourne gold bullion dealer after a judge said one of the bank’s arguments for suppression had “the air of a Kafka novel”.

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Nature’s Care owners can’t extend injunction against Wu family founders
Corporate 2024-02-19 10:16 pm By Sam Matthews

The current owners of vitamin giant Nature’s Care have lost a bid to extend an urgent injunction against the company’s founding family amid fears they were trying to regain control of the corporate group, with a judge finding the family may faced oppressive conduct themselves.

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Sushi Bay slammed for ‘calculated’ effort to conceal underpayments
Employment 2024-02-19 10:58 pm By Cindy Cameronne

The Fair Work Ombudsman has won its underpayments case against restaurant chain Sushi Bay and its director, with a judge finding the company forced migrant workers to pay back their entitlements in cash in a “calculated and institutional effort” to conceal wrongdoing. 

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Full Court revives Finish Powerball trade marks, but it’s not a clean victory
Intellectual Property 2024-02-16 4:56 pm By Cindy Cameronne

The maker of Finish dishwashing products, RB Hygiene, has won a partial appeal in a trade mark stoush with rival Henkel, with the Full Court reviving two of its trade marks but rejecting its challenge to a logo for competing Somat-branded products.

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Mazda ordered to pay $11.5M for ‘appalling’ customer service
Competition & Consumer Protection 2024-02-14 3:26 pm By Cat Fredenburgh

Mazda has been ordered to pay $11.5 million after a court found the Japanese car maker engaged in “appalling” customer service and misled nine purchasers of defective vehicles about their entitlement to a refund or replacement under the Australian Consumer Law.

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Freight operators have a cow over port direction holding up vessel with $5.2M in cattle
Agriculture 2024-02-09 9:06 pm By Sam Matthews

Two marine freight companies have lost a fight with a local council which refused to allow it to unload 3,000 head of cattle at Apollo Bay in Victoria, with a judge finding they were “the architects of their own misfortune” for striking a deal with a beef company before securing permission to berth at the port. 

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Detainees to launch class action against government in Federal Court
Human Rights 2024-02-08 11:34 pm By Cindy Cameronne

Asylum seekers who were put in immigration detention in South Australia can transfer their cases to the Federal Court to run their claims as a class action accusing the federal government of negligence and unlawful detention.

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Judge makes no bones about trashing ‘Melbourne bone and joint clinic’ trade mark
Intellectual Property 2024-02-08 1:45 pm By Sam Matthews

A Melbourne orthopaedic clinic has lost its bid to register the name ‘Melbourne Bone and Joint Clinic’ as a trade mark, with a judge finding the phrase was just an ordinary combination of words. 

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Judge approves 27.5% GCO in ‘complex’ Medibank class action
Class Actions 2024-02-06 10:23 pm By Sam Matthews

A judge has signed off on a 27.5 per cent group costs order in a consolidated shareholder class action against Medibank over a cyberattack that affected 10 million customers, noting the “significant risk” taken on by the two plaintiff law firms running the action. 

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‘Very large indeed’: DePuy class action settlement administration costs top $13M
Class Actions 2024-02-01 5:43 pm By Sam Matthews

A judge has signed off on a bill that brings the total settlement administration costs in a class action against Johnson & Johnson unit De Puy to over $13 million, amid a push by some judges to open the settlement administration gig up to competition.

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