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Contradictor in 7-Eleven class action backs court’s power to make CFOs
Class Actions 2020-10-20 3:51 pm By Miklos Bolza

A contradictor appointed in two class actions against 7-Eleven will argue before the Full Federal Court that the court has power both in equity and under the Federal Court of Australia Act to make common fund orders in class actions on settlement or judgment.

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‘O Come, All Ye Faithful’ inspired Twisted Sister rock anthem, Dee Snider admits
Trials 2020-10-20 1:27 pm By Miklos Bolza

Heavy metal singer Dee Snider has admitted under cross-examination that ‘O Come, All Ye Faithful’ influenced Twisted Sister’s rock anthem ‘We’re Not Gonna Take It’ but denied that he had “borrowed” elements of the Christmas carol for the 1985 hit.

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AIG settles case against ex-Kaboko Mining directors after D&O policy exclusion spat
Insurance 2020-10-20 1:06 pm By Cat Fredenburgh

AIG has settled a lawsuit brought by Kaboko Mining against several former directors alleging they failed to exploit commercial opportunities, after the insurer failed to convince an appeals court that an insolvency exclusion in the company’s D&O policy should exempt it from covering the claims.

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Sydney lawyer can’t delay appeal in sports betting class action
Appeals 2020-10-20 12:31 pm By Cat Fredenburgh

A Sydney lawyer has lost her bid to vacate an upcoming hearing in her appeal of a judge’s finding that investors who sank $12.3 million into a fraudulent sports betting scheme run by convicted conman Peter Foster lost money because of her failure to come forward with the truth.

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In partial win for QBE, judge pares back ANZ add-on insurance class action
Class Actions 2020-10-20 9:36 am By Christine Caulfield

A judge has sided in part with QBE Insurance and pared back a class action over allegedly worthless add-on insurance sold by ANZ to credit card and personal loan customers.

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Game over for Monster Energy’s opposition to ‘Monster Strike’ trade mark
Intellectual Property 2020-10-19 9:49 pm By Cat Fredenburgh

A judge has shot down Monster Energy’s opposition to Japanese software company Mixi registering the ‘Monster Strike’ trade mark in Australia for its popular video game of the same name, the second judge to find the energy drink maker’s standalone ‘Monster’ mark does not have a significant reputation in Australia.

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Arnold Bloch Leibler can’t use Slater & Gordon client files in class action defence
Class Actions 2020-10-19 8:54 pm By Christine Caulfield

A judge has dismissed a lawsuit brought by Arnold Bloch Leibler seeking to use information from its legal work on Slater & Gordon’s $1.2 billion acquisition of UK firm Quindell to defend itself in a class action brought by the plaintiffs firm’s shareholders.

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Clive Palmer accused of ‘burning, notorious’ infringement as Twisted Sister copyright trial kicks off
Intellectual Property 2020-10-19 4:32 pm By Miklos Bolza

Universal Music has accused Clive Palmer of “burning, notorious” copyright infringement by using a rewritten version of Twisted Sister’s smash hit We’re Not Gonna Take It in a series of “grating and annoying” political ads.

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ACCC alleges crane company entered cartel agreement with competitor
Competition & Consumer Protection 2020-10-19 4:13 pm By Cat Fredenburgh

Making good on its promise to crack down on anti-competitive conduct in the commercial construction sector, the ACCC has initiated proceedings against NQ Cranes alleging the crane company entered an agreement with a competitor to divvy up the market for overhead crane parts and servicing in Brisbane and Newcastle.

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Western Australia hit with stolen wages class action
Class Actions 2020-10-19 11:51 am By Cat Fredenburgh

The state of Western Australia is facing a class action by Indigenous workers seeking to recover stolen wages, after a historic $190 million settlement was reached last year in a stolen wages class action against the state of Queensland.

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