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The Australian Prudential Regulation Authority will not challenge a Federal Court ruling that dismissed its case against fund manager IOOF as “unpersuasive”, “fundamentally inadequate” and “tenuous in the extreme”.
a2 Milk loses another trade mark opposition as high-stakes appeal looms
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The a2 Milk Company has come up short again in opposing a competitor’s bid to register a trade mark containing “a2”, with a delegate finding the reputation of its goods does not lie in the descriptive term a2 alone.
Car rental company ordered to recover deleted emails in ACCC case
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Car rental company Australian 4WD Hire will need to take steps to recover deleted, allegedly threatening emails after a court found it had not complied with its discovery obligations in an unconscionable conduct case brought by the consumer regulator.
Judge tosses lawsuit against personal injury firm over sexual assault settlement
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A judge has dismissed a professional negligence claim against a personal injury law firm, finding no prospect of success for a former client who alleged the firm “coerced” him into settlement of a workplace sexual assault case so they could receive their costs.
CBA unit faces MySuper class action over delayed $3.2B funds transfer
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Commonwealth Bank subsidiary Colonial First State and former director Linda Elkins face a class action alleging the wealth management group breached its superannuation trustee duties by failing to promptly transfer $3.2 billion of default members’ funds to a lower-cost, high-performing MySuper product.
Iluka class action doesn’t need cash to put up security, judge says
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The applicant in a shareholder class action against Iluka Resources can put up security for the company’s legal costs by way of two insurance deeds of indemnity, but a bid to use the deeds to replace the $1.25 million it earlier paid in cash security has failed.
Kmart pockets win over streetwear company in cargo pants IP dispute
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Kmart has defeated claims by a streetwear company that the retail giant infringed the copyright for its cargo pants and shorts designs.
HWL Ebsworth resolves claims partner helped divert insurance money to pay legal bill
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HWL Ebsworth has resolved a lawsuit alleging one of its partners helped the former directors of an insolvent mobile ticketing company divert the proceeds of a life insurance policy to pay money owed to the firm.
Judge ‘outraged’ by terms of ACCC’s $75M dieselgate settlement with VW
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A judge is considering whether he can increase a record $75 million civil penalty settlement reached by Volkswagen and the ACCC over the dieselgate scandal, after saying the people of Australia would be “upset” if they knew about some of the “outrageous” terms to which the consumer watchdog had agreed.
Ex-Pizzeys patent attorneys deny using confidential info to poach clients
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Two patent attorneys being sued by boutique IP firm Pizzeys Patent and Trade Mark Attorneys are resisting an application for preliminary discovery, denying the firm’s claim that they misused confidential information to poach clients.