The Dietitians Association of Australia can’t register a logo featuring the words ‘accredited nutritionist’ as a trade mark, with a delegate agreeing with a competing nutritionist group that the association should not have a monopoly over the highly descriptive term.
Lawyers are allowed to take a cut from a class action settlement or judgment under a so-called solicitors’ common fund order, the Full Federal Court has ruled, saying they are a permissive use of the court’s power.
The Federal Court is set to become a more attractive forum for class actions now that the Full Court has confirmed it has power to make orders granting solicitors a contingency fee from any settlement or judgment in a group proceeding.
A unit of petrol store chain EG Australia has sued Ashurst and LegalVision alleging they breached their implied duty of care through advice given to Woolworths about the assignment of a disputed Sydney petrol station lease.
OTR Group’s network of Smokemart and Giftbox stores face a potential class action that would allege the chains breached employment laws by depriving workers of breaks during shifts.
Fashion retailer Mosaic Brands has denied claims by the consumer cop that it failed to deliver hundreds of thousands of products to customers within advertised time frames, saying the delays were reasonable given COVID-19 and the failures of logistics and delivery partners, including Australia Post.
The corporate regulator has secrued orders barring fintech giant PayPal from enforcing a term in its contracts with small businesses that set a two-month deadline for complaints about excess fees.
A group member in a class action against Johnson & Johnson unit DePuy International has lost his bid to challenge his compensation determination 12 years after the case settled, with a judge finding that the independent counsel conducting the determination was not bound by the rules of procedural fairness.
In a contest to run a class action against International Capital Markets over risky derivative products, a proposed consolidated proceeding has taken aim at third-to-file Banton Group for allegedly copying its case.
Santos has largely succeeded in its bid for documents from the Environmental Defenders Office and expert witnesses in a failed case challenging the construction of the oil and gas company’s $5.6 billion Barossa pipeline.
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