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Judge says ‘serious harm’ test in defamation law could violate Judiciary Act
Defamation 2023-05-10 3:06 pm By Cindy Cameronne

A judge has questioned whether recent changes to defamation law requiring courts to determine if a publication has caused serious harm ahead of trial are invalid because of possible inconsistency with the Federal Court’s case management rules.

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Katy Perry shorts could ‘fall between the cracks’, designer tells court
Intellectual Property 2023-05-10 2:11 pm By Cindy Cameronne

US singer Katy Perry and an Australian fashion designer are at loggerheads over court orders to be made following a judge’s finding the pop star was liable for trade mark infringement, with concerns raised that Perry’s ‘Teenage Dream’ shorts could “fall between the cracks”. 

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Optus fronts Competition Tribunal to warn about ‘troubling’ $1.8B Telstra, TPG deal
Competition & Consumer Protection 2023-05-09 11:36 pm By Cindy Cameronne

Telstra and TPG have asked the Competition Tribunal to undo the ACCC’s rejection of their proposed regional network sharing agreement, but fellow telco Optus has warned the deal would kneecap its ability to compete.

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Noumi class action judge questions ‘unusual’ privilege bid over docs seen by Ashurst, PwC
Class Actions 2023-05-08 10:20 pm By Cindy Cameronne

A judge has questioned an “unusual” bid by Noumi to shield over 3,000 documents, their titles and the identities of those who sent them to PricewaterhouseCoopers during a 2020 investigation into the food company’s financial position.

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‘Don’t even waste my time’: Judge trashes NSW’s bid for messages in music festival class action
Class Actions 2023-05-05 2:42 pm By Cindy Cameronne

A judge has criticised a bid by the NSW government to access seven months of messages relating to drugs by the lead plaintiff in a class action over allegedly illegal strip searches at a Byron Bay music festival, saying they seemed “wholly irrelevant” to the case. 

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Melissa Caddick’s parents, receivers strike deal over Edgecliff property
White Collar 2023-05-05 4:12 pm By Cindy Cameronne

The parents and receivers for accused Sydney fraudster Melissa Caddick have reached a deal over a multi-million dollar property in Sydney’s East, but the compromise remains to be blessed by out-of-pocket investors.

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Virgin, Alliance charter pact grounded by competition watchdog
Competition & Consumer Protection 2023-05-05 12:12 pm By Cindy Cameronne

The Australian Competition and Consumer Commission has put the brakes on a cooperation agreement between Virgin Australia and Alliance Airlines for fly-in fly-out customers, citing concerns about increased prices and reduced services. 

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Racing Victoria planned agreement to ‘seriously breach’ competition laws, court hears
Competition & Consumer Protection 2023-05-04 11:01 pm By Cindy Cameronne

Racing NSW has accused its Victorian counterpart of planning an anti-competitive agreement with five other states to exclude it from the thoroughbred racing industry, as it seeks documents to bring potential claims.

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Atradius can’t bring late $1.5B claim over Arrium administration
Restructuring & Insolvency 2023-05-03 10:25 pm By Cindy Cameronne

Insurer Atradius has lost its bid to bring a $1.5 billion (US$1 billion) case against four KordaMentha liquidators and 60 financiers of the Arrium group alleging they failed to act under a duty of utmost good faith when agreeing on how to divvy up sale proceeds for several entities.

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Virgin quashes Rex’s ‘Economy X’ trade mark
Intellectual Property 2023-05-03 4:32 pm By Cindy Cameronne

Virgin Australia has won its opposition to rival Regional Express’ bid to trade mark ‘Economy X’, with an IP Australia delegate finding Virgin had an earlier claim to ownership of an identical mark. 

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