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Victoria’s approach to carriage fights better than Federal Court, says judge
Class Actions 2024-02-27 5:22 pm By Cindy Cameronne

A judge overseeing an appeal in a carriage dispute in a class action against Jaguar Land Rover over allegedly defective diesel filters has said he prefers the approach of the Supreme Court of Victoria to such fights, saying firms should not revise their bids multiple times.

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Bureau of Meteorology challenges ruling on exec’s unfair dismissal over Paris trip
Appeals 2024-02-27 6:25 pm By Cat Fredenburgh

The Bureau of Meteorology has appealed a judgment that found a former senior executive was unfairly fired after taking a business-class trip to Paris.

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ICAC’s findings against Berejiklian based on ‘depressing view of human life’, court told
Appeals 2024-02-26 11:17 pm By Cindy Cameronne

Appealing findings of serious corrupt conduct over her award of state funds to the district of then boyfriend and member of parliament Daryl Maguire, former NSW premier Gladys Berejiklian has told a court politicians can have “personal attachments” while still acting in the public interest.

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7-Eleven class action funder’s $12M cut seemed ‘plainly too little’, says appeals judge
Appeals 2024-02-23 4:21 pm By Cindy Cameronne

A judge hearing an appeal by a funder over its cut of a $98 million settlement in franchisee class actions against 7-Eleven has said the $12 million commission was “plainly too little”, and questioned if the class action judge had been “stuck” on the idea that common fund orders are bad. 

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In trade mark appeal, Katy Perry says Aussie designer should have ‘changed direction’ given her rise to fame
Intellectual Property 2024-02-22 9:23 pm By Sam Matthews

Appealing her loss in a trade mark stoush with an Australian fashion designer, pop star Katy Perry has argued the woman “should have changed direction” with her ‘Katie Perry’ brand once the singer’s star began to rise. 

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Clive Palmer takes fight over criminal cases to the High Court
Appeals 2024-02-21 10:51 pm By Cat Fredenburgh

Mining giant Clive Palmer has asked the High Court to hear his challenge to a court’s finding that lawsuits he brought challenging two criminal cases against him over a takeover bid and payments to his political party were themselves an abuse of process and should be stayed.

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Surgeon wins security from nose job patient appealing defamation loss
Defamation 2024-02-19 10:43 pm By Sam Matthews

A nose job patient who allegedly defamed his surgeon has been slugged with $50,000 in security for his appeal, on top of a $50,000 damages bill that a judge said the surgeon is unlikely to see.

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Full Court revives Finish Powerball trade marks, but it’s not a clean victory
Intellectual Property 2024-02-16 4:56 pm By Cindy Cameronne

The maker of Finish dishwashing products, RB Hygiene, has won a partial appeal in a trade mark stoush with rival Henkel, with the Full Court reviving two of its trade marks but rejecting its challenge to a logo for competing Somat-branded products.

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High Court grants special leave in Ford class action over PowerShift transmissions
High Court 2024-02-14 1:11 pm By Christine Caulfield

The High Court has granted special to leave to a class action against Ford over allegedly PowerShift transmissions, agreeing to hear the case alongside two appeals in a class action against Toyota that deal with how reduction in value damages should be calculated under the Australian Consumer Law.

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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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