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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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Australia Post unit wins injunction in passing off case against former biz partner
Competition & Consumer Protection 2024-01-09 8:45 pm By Cindy Cameronne

Australia Post unit StarTrack has won an injunction barring postal product manufacturer TMA Australia from using a website URL containing the words ‘StarTrack’, with the Full Court finding a judge wrongly held the case was ‘weak’.

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Retrial means new trial in trade secrets case, judge says in parsing ‘ambiguous’ Full Court order
Intellectual Property 2023-10-30 11:16 pm By Sam Matthews

Construing an “ambiguous” order from the Full Federal Court, a judge has ordered a fresh trial in a trade secrets case that touched on the permissible scope of law firms’ involvement in drafting expert reports.

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Dixon Advisory director wants to shield law firm’s advice in ASIC case
Restructuring & Insolvency 2023-10-27 1:32 pm By Sam Matthews

Former Dixon Advisory director Paul Ryan will ask the court for a suppression order protecting advice by a Big Six firm, as he defends ASIC’s claim that he failed to consider creditors when executing a deed that affected the company’s ability to recoup a $19 million debt.

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ASIC can’t seek penalties against M101 founder James Mawhinney
Financial Services 2023-10-25 9:10 pm By Sam Matthews

A judge has blocked ASIC from running a new case seeking penalties against investment group M101 Nominees and founder James Mawhinney on remittal from the Full Court, after the regulator admitted it made errors at its initial trial.

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Peter V’landys stuck with defamation loss after High Court declines special leave
Defamation 2023-09-15 3:59 pm By Cat Fredenburgh

Racing NSW CEO Peter V’landys AM has failed in his bid to have the High Court take up his challenge to an appeals court ruling that found an ABC report on the killing of racehorses was not defamatory despite not being high quality journalism.

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Lawyer’s defamation case fails serious harm test, judge finds
Defamation 2023-09-13 4:24 pm By Cindy Cameronne

A judge has dismissed a Sydney lawyer’s defamation case over an AI-generated story that accused her of trying to defraud $16,000 from David Jones, saying she had admitted to deceitful acts and had not suffered serious harm. 

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ASIC seeks ‘re-run’ of trial against James Mawhinney, court told
Financial Services 2023-08-31 3:23 pm By Cindy Cameronne

ASIC wants to re-run its case against investment group M101 Nominees and founder James Mawhinney after admitting it made errors at its initial trial, arguing for new fines and disqualification orders on remittal by the Full Court, a judge has heard.

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Energy Beverages wins fight over Kangaroo Mother trade mark
Intellectual Property 2023-08-24 11:54 pm By Christine Caulfield

The maker of Mother energy drinks has won an appeal of an IP Australia decision, succeeding in its bid to prevent a Victoria-based company from registering Kangaroo Mother as a trade mark for beverages.

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Daily Telegraph defeats defamation appeal of John Ibrahim’s son
Defamation 2023-07-25 11:01 pm By Gareth Baker

An appeals court has dismissed the appeal of Daniel Taylor, son of notorious former Kings Cross nightclub owner John Ibrahim, seeking to revive defamation claims over a 2019 article in The Sunday Telegraph which he claimed suggested he was a mobster. 

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