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Late opt outs imperil $138M IAG ‘junk insurance’ class action settlement
Class Actions 2021-03-12 4:43 pm By Miklos Bolza

A group of late opt out notices by group members in a class action over IAG insurance, who were egged on in part by a ‘corporate warfare’ campaign by claims management service Claimo, could result in IAG pulling the plug on a $138 million settlement.

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Judge pans ‘irresponsible journalism’ over reporting of CEO who paid nanny $13K for year’s work
Employment 2021-03-12 3:34 pm By Christine Caulfield

A judge has slugged the CEO of a Sydney property development company with a $32,500 penalty for underpaying a live-in nanny, but he aimed his wrath at the media for having “wrongly branded” the businessman as someone who engaged in modern slavery.

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Monsanto class action judge won’t rule on expert evidence in novel hearing
Class Actions 2021-03-11 10:07 pm By Christine Caulfield

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.

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Full Court dashes Bendigo and Adelaide Bank’s hopes of saving ‘community bank’ trade mark
Intellectual Property 2021-03-11 4:47 pm By Cat Fredenburgh

Bendigo and Adelaide Bank has lost its appeal of a ruling that revoked its 22-year-old ‘community bank’ trade mark, with the Full Federal Court agreeing that the phrase has an ordinary signification and cannot be trade marked for the bank’s services.

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$150M bushfire class action filed against SA Power Networks
Class Actions 2021-03-11 1:56 pm By Cat Fredenburgh

A $150 million class action has been launched against South Australian power company SA Power Networks over the December 2019 Cudlee Creek bushfire, which destroyed over 96 homes in the state and led to one death.

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Peloton files lawsuit over rival’s ‘spinning’ trade mark ahead of launch in Australia
Intellectual Property 2021-03-11 1:19 pm By Cat Fredenburgh

The company behind the Peloton interactive exercise bike, which has amassed a cult following in the US during the coronavirus pandemic, has taken legal action against a California-based fitness company seeking the removal of its ‘spinning’ trade mark ahead of Peloton’s planned launch in Australia.

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Katy Perry ‘cannot avoid discovery process’ in trade mark dispute, court told
Intellectual Property 2021-03-11 11:49 am By Cindy Cameronne

A fight is brewing over allegedly deficient discovery provided by pop star Katy Perry in her trade mark dispute with Sydney fashion designer Katie Perry, with a judge hearing that text messages from the singer’s phone that may be relevant to the case have not been handed over.  

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Epic Games brings competition case against Google over in-app purchases
Competition & Consumer Protection 2021-03-10 10:31 pm By Cindy Cameronne

Fortnite developer Epic Games has filed a lawsuit against Google for alleged anti-competitive conduct and misuse of market power, after launching a similar claim against Apple in November.

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5 takeaways from High Court’s ruling on class action beauty parades
Analysis 2021-03-10 10:02 pm By Christine Caulfield

Lawyers and experts welcomed the High Court’s ruling Wednesday, which approved a class action beauty parade approach to dealing with competing proceedings and provided guidance as to how judges might otherwise manage the problem of duplicative cases. Here, Lawyerly outlines the important things to take away from the majority’s judgment.

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Can artificial intelligence be named inventor of a patent? Federal Court to rule
Intellectual Property 2021-03-10 5:48 pm By Miklos Bolza

The Federal Court is set to determine whether artificial intelligence can be the inventor of a patent, after an AI pioneer filed a challenge to an IP Australia finding that allowing a machine to be considered an inventor would render the Patents Act incapable of “sensible operation”.

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