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‘Disturbing number of similarities’: Judge slaps interim injunction on ‘RestQ’ trade mark use
A judge has issued an injunction temporarily barring 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.
Monsanto class action judge won’t rule on expert evidence in novel hearing
A judge overseeing a class action against Bayer-owned Monsanto over its allegedly carcinogenic weedkiller, Roundup, has declined to rule on the admissibility of expert evidence in a hearing ahead of trial next year, despite concerns about the independence of the expert witnesses for the class.
‘Insureds are not only risks; they are people’: Judge slams TAL’s treatment of cancer patient’s claim
In another victory for ASIC in a case stemming from the banking royal commission, a judge has ruled that TAL Life Limited breached the Insurance Contracts Act after denying coverage to a cancer patient and threatening to recover $24,000 it had already paid to her.
Herbert Smith Freehills says Arrium lenders ‘a million miles away’ from properly run case
Law firm Herbert Smith Freehills has attacked a lawsuit brought by a group of lenders against collapsed steel giant Arrium, rejecting claims that $430 million in loans was borrowed under misleading or deceptive representations.
Former Arrium group treasurer rejects liquidators’ ‘infected’ insolvency case
The former group treasurer of collapsed steel giant Arrium has hit back at claims brought by the company's liquidators that it was trading while insolvent, arguing the case had been 'infected' by evidence from an expert who was also a plaintiff in the case.
Herbert Smith Freehills warned Arrium of insolvent trading risk, court told
Doomed iron and steel giant Arrium attempted to stave off its inevitable $2.8 billion collapse and put off negotiating with its lenders until the last minute despite warnings from its legal and financial advisors, liquidators for the company told the court.
Fair trial may not be possible for adviser targeted by ASIC in IOOF unit case, court told
A financial adviser at the centre of ASIC's bad advice case against an IOOF unit might mount an argument that a fair trial is not possible because of his "fulsome" answers to investigators during a compulsory examination.
Arrium ‘bled cash’ from banks prior to $2.8B collapse, court told
Directors of steel producer Arrium continued to borrow money from "vulnerable" lenders in the months prior to the company's $2.8 billion collapse and "bled cash" despite the inevitable end, a number of lenders have said on the first day of a 40-day trial in the NSW Supreme Court.
ASIC proves prescient with failure of mediation on eve of IOOF trial
ASIC's warning about the futility of mediation with an IOOF subsidiary has proved prophetic, with talks last week failing to resolve the regulator's case ahead of trial starting Monday.
Fonterra loses lawsuit seeking to halt use of ‘Bega’ trade mark
A judge has rejected Fonterra's bid to restrain Bega from using the Bega trade mark on packaging for peanut butter and nut products as well as Bega's counterclaim alleging Fonterra failed to invest, promote and develop new Bega products in breach of their trade mark agreement.