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After 30 years, class action market in a state of enormous flux
As we reach the 30-year anniversary of the modern form of class action in Australia, an enduring characteristic of class action practice in this country is that the area is not well-suited to those who enjoy certainty or predictability, say Jason Betts, Aoife Xuereb and Melissa Gladstone-Joyce of Herbert Smith Freehills.
Firstmac slams Zip Pay provider’s defences in fight over ‘Zip’ trade mark
Buy now, pay later giant Zip Co cannot rely on its infringing use of the 'Zip' trade mark to defend a lawsuit by the mark's owner Firstmac, the mortgage provider's barrister told a judge on the first day of trial in the high-stakes intellectual property dispute.
Redbubble can’t dodge Hells Angels trade mark infringement claims
Online marketplace Redbubble cannot rely on the terms of a settlement with the US chapter of Hells Angels to avoid trade mark infringement claims by the Australian arm of the bikie gang, a court  has ruled.
‘That’s not what investors signed up for’: Linchpin used funds for unauthorised loans, court told
Clients of Linchpin Capital Group and subsidiary Endeavour Securities who were promised investments in a diversified loan portfolio were instead duped into funding Linchpin’s own business interests and lining its directors' pockets, a judge has heard as trial got underway in ASIC's case against three former Linchpin directors.
Energy Beverages tries to revive ‘Mother’ trade marks
The maker of Mother brand energy drinks has filed an appeal challenging a judge's decision to remove two of its registered 'Mother' trade marks for non-use.
HWL Ebsworth overlooked ‘obvious red flags’ in joint venture contract, trial told
HWL Ebsworth's clients suffered a staggering $130 million loss when the law firm's solicitors failed to notice “obvious red flags” in a joint venture contract for an ambitious Sydney-based land development, a court has heard.
‘The end of litigation as we know it’: Judge pans Nando’s costs in franchising spat
Nando's Australia has been criticised for claiming that its costs in a dispute against a single franchisee could reach close to $2 million, with an associate judge saying the bill could kickstart a precedent that leads to "the end of litigation as we know it".
Sensible class action reform needed to ensure access to justice for next 30 years
Three decades on from its rocky beginnings, when representatives of the coalition opposition decried the Part IVA bill as a “monstrosity” and as “looney”, “half baked” and “wrong” during parliamentary debates, the class action procedure and its legitimacy and efficacy have come to gain acceptance across the spectrum of practitioners and among the judiciary, says Maurice Blackburn's Julian Schimmel.
‘Think about whether GC is the right role for you’: Ex-fintech lawyer says she was bullied after maternity leave
The former general counsel of UK-based fintech Littlepay has filed a $300,000 lawsuit accusing her former employer of bullying and discrimination upon her return to work following the birth of her twins.
ANZ denies charging retrospective interest on credit cards
ANZ has hit back at claims in a class action that it slugged retrospective interest on credit card accounts and that its interest terms were not explicit, arguing the term 'retrospective' is liable to "confuse" the issues to be decided by the court.