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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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Full Court to decide scope of whistleblower laws in ex-Greenwoods partner’s $13M case
Employment 2023-03-22 11:42 pm By Cat Fredenburgh

A judge hearing a lawsuit by an ex-Greenwoods & Herbert Smith Freehills partner seeking $13 million in compensation from his former firm and Lendlease has ordered that the court first decide whether new whistleblower protections apply retrospectively.

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Barrister who repped Mawhinney can act against him, but not in settlement talks
Restructuring & Insolvency 2023-03-22 8:59 pm By Sam Matthews

A senior barrister who represented Mayfair 101 founder James Mawhinney in mediation of two cases last year has been allowed to appear against him at a hearing in another dispute against a lender and two McGrathNicol receivers, but the silk won’t participate in settlement talks.

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Claims of barrister’s ex-wife based on employment, not marital, relationship: court
Employment 2023-03-22 8:40 pm By Sam Matthews

A wife employed by her barrister husband can seek compensation for unpaid wages because the claim is based on their employment relationship not their marital relationship, a court has held.

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In fight with ex-Orix CEO, Chubb can argue Coca-Cola Amatil knew nothing of alleged bribes
Insurance 2023-03-22 9:56 pm By Cindy Cameronne

Facing a claim to cover the legal costs of former Orix CEO John Carter under a D&O policy, Chubb has been given the green light to argue that Coca-Cola Amatil’s board had no knowledge of alleged secret bribes.

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On ‘third birthday’ of PwC class action, judge rails against slow progress
Class Actions 2023-03-21 8:33 pm By Cindy Cameronne

A judge has blasted the lack of progress in an investor class action against accounting firm PricewaterhouseCoopers and asset finance lender Axsesstoday over an allegedly misleading $50 million prospectus.

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Carnival class action over norovirus outbreaks faces strike out, declassing bids
Class Actions 2023-03-21 4:32 pm By Sam Matthews

A class action against Carnival over norovirus outbreaks on its Sun Princess cruise ship is facing a strike out bid, with the cruise operator also flagging a declassing application down the line.

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Former ANZ unit says ASIC should ask bank for info in fees for no service case
Financial Services 2023-03-21 8:20 pm By Cindy Cameronne

A judge has rejected arguments by superannuation trustee OnePath Custodians that the corporate regulator must look to former parent company ANZ for evidence in its fees for no service case.

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Merivale slams class action’s bid for second opt out notice to workers
Employment 2023-03-21 3:03 pm By Sam Matthews

Hospitality giant Merivale is contesting a bid by the applicant in a $129 million underpayments class action to issue a second opt out notice to employees, which it said was an attempt to ensure group members “take an interest” in the proceedings.

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Richard Crookes to appeal landmark judgment on SOPA’s availability to insolvent companies
Restructuring & Insolvency 2023-03-21 10:33 pm By Sam Matthews

Construction company Richard Crookes plans to appeal a ruling which found the Security of Payment Act is available to insolvent builders to pursue debts under a deed of company arrangement, despite an amendment to the law preventing construction companies in liquidation from enforcing payment claims.

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