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Full Court warned sending Epic Games lawsuit against Apple to California would have ‘chilling effect’
Competition & Consumer Protection 2021-06-09 4:41 pm By Miklos Bolza

Video game developer Epic Games has asked the Full Federal Court to overturn an “illogical” decision sending its competition lawsuit against Apple to California, saying the move would have a “chilling effect” on the enforcement of Australia’s competition laws.

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Detainees can’t rejoin class action after settling claims against NT government
Class Actions 2021-06-09 4:28 pm By Christine Caulfield

Two former detainees of youth detention centres in the Northern Territory can’t rejoin a class action against the NT government after settling their claims, despite the “unsatisfactory” circumstances surrounding their exclusion from the proceedings, a judge has found.

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‘Uncomfortable’ judge told Ben Roberts-Smith not in relationship with lawyer
Legal Ethics 2021-06-09 1:35 pm By Cindy Cameronne

News publisher Fairfax has been accused of attempts to intimidate Ben Roberts-Smith’s lawyer in contempt of court by publishing inaccurate media reports that the solicitor is in a romantic relationship with the former soldier, after a judge said the reports had made him “uncomfortable”.  

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Judge tosses Caltex trade mark case, says Chevron does not own colour red
Intellectual Property 2021-06-08 9:57 pm By Miklos Bolza

Chevron has mostly failed in its lawsuit accusing Australian petrol station company Ampol of infringing its Caltex trade marks, with a judge finding that Chevron’s case sought exclusive use over the colour red and was “at odds with commercial sense”.

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Greenpeace wins IP stoush with AGL over ‘satirical’ campaign
Intellectual Property 2021-06-08 9:52 pm By Christine Caulfield

A judge has thrown out trade mark infringement claims brought by AGL against Greenpeace for using the energy company’s logo in a public campaign labelling it “Australia’s biggest climate polluter”.

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HWL Ebsworth faces $130M negligent advice case by ex-client
Real Estate 2021-06-08 4:45 pm By Cindy Cameronne

A former client is seeking damages of up to $130 million from HWL Ebsworth in a lawsuit accusing the law firm of giving negligent advice on a joint venture to develop land.

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Liquidators of S&P class action plaintiff win strikeout bid in spat over funder’s agreements
Class Actions 2021-06-08 4:24 pm By Christine Caulfield

A judge has gutted a defence and counterclaim filed by the biggest unitholder in investment fund Vale in a battle with a litigation funder and liquidators over agreements to join two class actions against S&P Capital, a fight that threatened to hold up one of the class actions.

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$10M settlement offer rejected by plaintiffs in Advanta Seeds class action
Class Actions 2021-06-08 2:04 pm By Christine Caulfield

Plaintiffs in a class action against Advanta Seeds rejected a $10 million offer to settle the litigation, which was later dismissed by a judge.

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Ben Roberts-Smith owed record damages after reputation ‘smashed and destroyed’ by Fairfax, court hears
Defamation 2021-06-08 12:57 pm By Cindy Cameronne

Decorated war veteran Ben Roberts-Smith is owed record aggravated damages from Fairfax for publishing allegations of war crimes that it knew was false and decimating his reputation, a court has heard.

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Barrister Dion Fahey says fun key to staving off burnout in the ‘blood sport’ of litigation
Litigation Rising Stars 2021-06-08 12:40 pm By Cindy Cameronne

The best piece of career advice barrister Dion Fahey ever got had nothing to do with getting ahead.

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