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High Court to weigh in on relevance of reputation in passing off claims
Intellectual Property 2025-04-04 3:36 pm By Cat Fredenburgh

The High Court will weigh in on the relevance of reputation in passing off claims, taking up an appeal by Bed Bath N’ Table of a finding that rival retailer House did not engage in misleading and deceptive conduct in setting up its Bed & Bath stores.

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High Court won’t take up Hytera appeal of ‘industrial theft’ ruling
Intellectual Property 2025-04-04 4:22 pm By Cat Fredenburgh

The High Court has declined to hear radio manufacturer Hytera’s appeal of a finding that it misappropriated Motorola’s source code in a case of “substantial industrial theft”. 

Developer Mayfield loses appeal in competition case over NSW Ports deal
Competition & Consumer Protection 2025-04-03 10:31 am By Christine Caulfield

An appeals court has dismissed a competition case by Mayfield Development against NSW Ports over agreements to privatise two ports, finding that derivative Crown immunity applied to the port authority.

ATO, PepsiCo face off in High Court fight over royalty withholding tax
Tax 2025-04-03 11:03 pm By Andy Sidler

Payments by bottler Schweppes Australia to US drink giant PepsiCo should be assessed as royalty income under tax law, the ATO has told the High Court in a high-stakes case.

ACCC loses High Court appeal in CFMEU boycott case
High Court 2025-04-02 11:57 am By Sam Matthews

In a loss for the ACCC, the High Court has found builder J Hutchinson did not arrive at an anti-competitive understanding with the CFMEU merely by yielding to a threat of industrial action.

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Zip hopes High Court buys honest concurrent use defence in high-stakes trade mark suit
Intellectual Property 2025-04-02 11:01 am By Cat Fredenburgh

Buy now, pay later giant Zip will ask the High Court to throw out a ruling that found it infringed mortgage provider Firstmac’s ‘Zip’ trade mark and barred it from using the name in Australia.

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Judge recuses herself from costs spat, citing associate’s relationship with lawyer
Appeals 2025-04-01 11:14 pm By Sam Matthews

A judge has recused herself from hearing a case in light of her associate’s “quasi familial relationship” with a lawyer caught up in the long-running dispute.

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Federal judge may be called as witness as Ben Roberts-Smith seeks retrial
Appeals 2025-03-31 1:21 pm By Cindy Cameronne

A Federal Court judge might be called as a witness in accused war criminal Ben Roberts-Smith’s bid for a retrial in his failed defamation case against Nine.

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Lesbian group seeks OK from Full Court to discriminate against trans women
Human Rights 2025-03-28 1:55 pm By Sam Matthews

A lesbian group is challenging the rejection of its bid to be exempt from anti-discrimination laws in order to bar trans women from its events, and wants the appeal heard by the same judges hearing a similar case.

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Dexus tells appeals court judge erred in fight with Macquarie over $1.7B shopping centre
Real Estate 2025-03-31 3:29 pm By Cindy Cameronne

A Dexus property fund has argued that a judge went the “wrong way” in deciding that it was forced to sell its 50 per cent stake in Sydney’s largest suburban shopping centre to Macquarie Retail. 

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