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Full Court won’t undo injunction barring ‘RestQ’ trade mark use
Intellectual Property 2021-05-28 10:19 pm By Cindy Cameronne

An appeals court has upheld a ruling which bars use of the RestQ trade mark on sleep products sold by Martin & Pleasance because of a “disturbing” number of similarities with the marketing and appearance of an established competitor’s Rescue natural sleep aid product.

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Fonterra can’t keep company name out of class action website domain
Class Actions 2021-05-28 3:58 pm By Cat Fredenburgh

Dairy co-operative Fonterra has lost a bid to keep the company’s name out of the domain of a website to be set up for a class action brought by farmers alleging they were unlawfully underpaid when Fonterra slashed milk prices and sought a “clawback” in 2016.

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Climate change class actions likely as court finds duty of care owed to children
Class Actions 2021-05-28 2:03 pm By Miklos Bolza

Class actions are the next battleground following Thursday’s Federal Court ruling that the government owes a duty of care to protect children from the risks of climate change, according to a number of legal experts.

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Silk Sue Chrysanthou must return brief in Christian Porter defamation case
Defamation 2021-05-27 5:02 pm By Cindy Cameronne

A judge has issued an injunction restraining barrister Sue Chrysanthou SC from acting for Christian Porter in his defamation case against the ABC.

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ME Bank faces criminal charges after ASIC investigation
White Collar 2021-05-27 1:58 pm By Cat Fredenburgh

Members Equity Bank has been hit with criminal charges for allegedly making false or misleading representations and violating the National Credit Code.

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Court bars ex-Liberty Financial exec from jumping ship to competitor
Employment 2021-05-27 1:12 pm By Cat Fredenburgh

A judge has issued a temporary injunction barring a former manager from non-bank lender Liberty Financial from moving over to a unit of the Wingate Group, after hearing the company was “start-up facsimile” of Liberty which aimed to become a competitor in the future.

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Mosaic Brands hit with $630,000 penalty for misleading claims about hand sanitiser, masks
Competition & Consumer Protection 2021-05-27 12:44 pm By Cat Fredenburgh

Mosaic Brands has paid $630,000 in penalties after being hit with infringement notices by the ACCC for misleading claims made about hand sanitiser and masks sold on its websites at the height of COVID-19 pandemic last year.

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Government owes duty of care to protect children from climate change, court rules
Energy & Natural Resources 2021-05-27 11:07 am By Miklos Bolza

The federal Minister for the Environment owes a duty of care to children who could suffer “catastrophic” harms from increased greenhouse gas emissions that would result from approving the expansion of Whitehaven’s Vickery coal mine, a judge has ruled.

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AMP faces unconscionable conduct action for charging dead customers
Financial Services 2021-05-27 8:59 am By Christine Caulfield

The corporate regulator is taking five AMP entities to court alleging they acted unconscionably by continuing to charge life insurance premiums and advice fees to more than 2,000 customers after they were notified of their death.

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Conflict concerns raised over King & Wood Mallesons partner’s role in payments system review
Financial Services 2021-05-26 10:44 pm By Christine Caulfield

King & Wood Mallesons has come under fire over partner Scott Farrell’s role as head of a Treasury review into the Australian payments system, with a Sydney fintech claiming the law firm appears to have a conflict of interest.

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