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ASIC’s power to order fines for Credit Code violations won’t face challenge
Financial Services 2023-06-27 11:54 pm By Cindy Cameronne

Queensland lender SunshineLoans has lost its second bid for the Full Court to decide whether ASIC has the power to bring civil penalty proceedings for violations of the Credit Code, with a judge finding its arguments were not strong enough to vacate an upcoming trial.

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Sanofi defeats government’s $325M appeal over generic Plavix ban
Intellectual Property 2023-06-26 4:00 pm By Cindy Cameronne

Drug maker Sanofi-Aventis is not liable for the federal government’s losses for excess subsidies paid for the blood-thinner Plavix after an allegedly unjustified court injunction prevented the release of a generic version of the blockbuster drug, an appeals court has found.

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The Reject Shop flags early attacks on underpayments class action
Class Actions 2023-06-26 12:32 pm By Cindy Cameronne

Discount retail chain The Reject Shop has foreshadowed two challenges to an underpayments class action, claiming store managers were not covered by the general retail award and that their allegations have to be run individually. 

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Proctor & Gamble, Reckitt warned against ‘pointless wars’ in detergent dispute
Competition & Consumer Protection 2023-06-19 2:21 pm By Gareth Baker

Consumer goods giants Proctor & Gamble and Reckitt Benckiser have been urged by a court not to bury their dispute over marketing of a dishwashing tablet product under a mountain of competing performance tests.

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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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Targets of Pokemon’s IP lawsuit were victims of identity theft, court told
Intellectual Property 2023-06-02 3:04 pm By Christine Caulfield

The defendants in a trade mark infringement case by the Pokemon Company were the victims of identity theft and were wrongly named in the suit, a court has heard.

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Judge throws cold water on Fairy’s ’30 Minute Miracle’ launch
Competition & Consumer Protection 2023-05-01 9:09 pm By Sam Matthews

A judge has hit the maker of Fairy dishwashing products with an interim injunction that will disrupt the launch of its 30 Minute Miracle detergent, after finding consumer claims by the maker of Finish dishwashing products had a strong prospect of success.

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Sargon liquidators take Diversa to court, mull insolvent trading claims against directors
Restructuring & Insolvency 2023-04-18 11:01 pm By Christine Caulfield

Liquidators of Sargon Capital are pursuing a claim for $4 million against super trustee firm Diversa and are investigating potential insolvent trading claims against the collapsed fintech’s directors.

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Drink rivals mull High Court appeals after losing ‘Mother’ of all trade mark disputes
Intellectual Property 2023-03-22 2:11 pm By Cindy Cameronne

The owners of Mother energy drinks and Vittoria Food & Beverage have both lost their challenges to each other’s ‘Motherland’ and ‘Mothersky’ trade marks and are considering taking the long-running stoush to the High Court. 

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ACCC loses appeal in ‘fanciful’ NSW Ports competition case
Competition & Consumer Protection 2023-02-23 1:23 pm By Cindy Cameronne

The Australian Competition and Consumer Commission has lost its challenge to a decision that tossed its case alleging NSW Ports stymied competition when it signed a 50-year agreement with the state to privatise two ports. 

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