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Full Court won’t undo injunction barring ‘RestQ’ trade mark use
Intellectual Property 2021-05-28 10:19 pm By Cindy Cameronne

An appeals court has upheld a ruling which bars 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.

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NSW Deputy Premier sues YouTube star Jordan Shanks for ‘smear campaign’
Defamation 2021-05-28 10:01 pm By Christine Caulfield

NSW Deputy Premier John Barilaro has followed through on his threat to sue YouTuber Jordan Shanks for defamation over videos that allegedly implied the politician acted corruptly, engaged in blackmail and repeatedly committed perjury.

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Fonterra can’t keep company name out of class action website domain
Class Actions 2021-05-28 3:58 pm By Cat Fredenburgh

Dairy co-operative Fonterra has lost a bid to keep the company’s name out of the domain of a website to be set up for a class action brought by farmers alleging they were unlawfully underpaid when Fonterra slashed milk prices and sought a “clawback” in 2016.

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Climate change class actions likely as court finds duty of care owed to children
Class Actions 2021-05-28 2:03 pm By Miklos Bolza

Class actions are the next battleground following Thursday’s Federal Court ruling that the government owes a duty of care to protect children from the risks of climate change, according to a number of legal experts.

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Attorney-General to pursue class action reform panned by experts
Policy and Regulation 2021-05-27 10:23 pm By Christine Caulfield

Reported plans by the Morrison government to continue its class action reform efforts by legislating a minimum gross return to group members was roundly knocked by experts who spoke to Lawyerly in the wake of the latest class action inquiry report.

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Silk Sue Chrysanthou must return brief in Christian Porter defamation case
Defamation 2021-05-27 5:02 pm By Cindy Cameronne

A judge has issued an injunction restraining barrister Sue Chrysanthou SC from acting for Christian Porter in his defamation case against the ABC.

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In ‘unusual’ damages claim, Nick Scali says Sparke Helmore should pay Allens fees
Intellectual Property 2021-05-27 3:32 pm By Christine Caulfield

Nick Scali is seeking damages against Sparke Helmore for alleged negligent advice in an intellectual property dispute.

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ME Bank faces criminal charges after ASIC investigation
White Collar 2021-05-27 1:58 pm By Cat Fredenburgh

Members Equity Bank has been hit with criminal charges for allegedly making false or misleading representations and violating the National Credit Code.

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Court bars ex-Liberty Financial exec from jumping ship to competitor
Employment 2021-05-27 1:12 pm By Cat Fredenburgh

A judge has issued a temporary injunction barring a former manager from non-bank lender Liberty Financial from moving over to a unit of the Wingate Group, after hearing the company was “start-up facsimile” of Liberty which aimed to become a competitor in the future.

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Mosaic Brands hit with $630,000 penalty for misleading claims about hand sanitiser, masks
Competition & Consumer Protection 2021-05-27 12:44 pm By Cat Fredenburgh

Mosaic Brands has paid $630,000 in penalties after being hit with infringement notices by the ACCC for misleading claims made about hand sanitiser and masks sold on its websites at the height of COVID-19 pandemic last year.

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