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Judge frowns on Allergan’s ‘Botox’ trade mark lawsuit
Intellectual Property 2020-10-28 7:29 pm By Cat Fredenburgh

Botox maker Allergan has lost a lawsuit that accused an Australian cosmetics company that sells topical creams as an alternative to Botox injections of infringing its Botox trade mark.

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Drakes Supermarkets hit with $20M underpayments class action
Class Actions 2020-10-28 4:22 pm By Cat Fredenburgh

Drakes Supermarkets is facing a class action alleging it failed to pay staff at its Foodland and Drakes stores for time worked in excess of rostered hours, the latest on a growing list of supermarket chains to be stung by an underpayments class action.

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Personal injury firm raises ‘serious concerns’ about irregularity of fees class action
Class Actions 2020-10-28 1:04 pm By Cat Fredenburgh

A personal injury law firm is seeking to shut down a class action alleging it charged clients unreasonable fees, telling the court that there were “serious concerns” about the irregularity of the proceedings and the conduct of the lawyer running it.

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7-Eleven says courts have no power to ever make a common fund order
Class Actions 2020-10-27 11:51 pm By Christine Caulfield

The High Court majority’s reasoning in the decision nixing common fund orders at an early stage of a class action leads “inexorably and inevitably” to the conclusion that there is no power to make such an order at any time in a proceeding, counsel for 7-Eleven has told an appeals court.

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ACCC takes Agrison to court over warranty representations
Competition & Consumer Protection 2020-10-27 10:49 pm By Cat Fredenburgh

The consumer watchdog has filed court proceedings against agricultural equipment supplier Agrison for allegedly misleading tractor purchasers about its warranties and after-sales services.

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‘Big fat CFO’ incentives would distort class action scheme, BMW tells court
Class Actions 2020-10-27 8:48 pm By Miklos Bolza

Luxury car maker BMW has told the NSW Court of Appeal that the courts do not have power to make common fund orders at any stage of a group proceeding, arguing that such orders would distort the scope of the class action regime by encouraging litigation funders to pursue lawsuits.

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Hungry Jack’s stands by ’25 per cent more beef’ claim in McDonald’s burger battle
Intellectual Property 2020-10-27 7:25 pm By Spencer Fowler Steen

Hungry Jack’s is doubling down on its claim that its ‘Big Jack’ burger has 25 per cent more beef than rival McDonald’s ‘Big Mac’, denying the US fast food company’s allegation that its beefier burger brag, made in a recent cheeky television ad, is misleading and deceptive.

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Law firms behind competing AMP class actions fight consolidation
Class Actions 2020-10-27 4:37 pm By Cat Fredenburgh

A showdown over two competing class actions against AMP is set down for December, and the applicants will have to persuade the judge overseeing the cases that they should not be consolidated.

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Rabbi loses appeal in defamation case over Royal Commission comments on child sex abuse
Appeals 2020-10-26 10:52 pm By Cat Fredenburgh

A Sydney rabbi who told the Royal Commission into Child Sexual Abuse that he did not know touching a child’s genitals was a crime has lost his appeal of a ruling throwing out defamation proceedings he brought against Nationwide News and SBS.

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‘Stock Swami’ Twitter account says no reasonable person would believe tweets about Tolga Kumova
Defamation 2020-10-26 10:32 pm By Christine Caulfield

The operator of the Stock Swami Twitter handle has responded to a defamation case brought by mining entrepreneur Tolga Kumova, saying a reasonable reader would not consider his tweets a reliable source of factual information about the businessman.

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