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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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Judge shuts down derivative suit against CBL over $3M share acquisition
Securities 2021-06-07 11:03 pm By Miklos Bolza

A shareholder’s attempt to reverse a $3.15 million share acquisition by the managing director of construction giant Consolidated Builders Ltd has been dismissed by a judge, despite finding the case had “a reasonable probability of success”.

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How an unexpected call sparked barrister William Edwards’ passion for class actions and the Tigers
Litigation Rising Stars 2021-06-07 10:26 pm By Miklos Bolza

Perhaps the only thing that barrister William Edwards could show more enthusiasm for than the law — and class actions — is his beloved Richmond Tigers, and just like his favourite football team Edwards is on a winning streak.

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‘Corrosive jealousy’ drove allegations against Ben Roberts-Smith, court hears
Defamation 2021-06-07 2:55 pm By Cindy Cameronne

Former soldiers driven by ‘corrosive jealousy’ of Ben Roberts-Smith plotted to take down the Victoria Cross recipient and were aided by “credulous journalists”, a court has heard.

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