Appeals

An appeals court has ordered a third trial in a long-running copyright battle between Microsoft and a Melbourne computer retailer, saying the trial judge’s findings were “greatly diminished” by her three-year-long delay in delivering judgment.

The competition regulator will not appeal a tribunal ruling that set aside its decision to block the $4.9 billion merger between ANZ and Suncorp, but promised it will continue to scrutinise the banking industry.

The former director of public prosecutions in the ACT, Shane Drumgold SC, has largely succeeded in his challenge against an inquiry into the prosecution of Brittany Higgins’ assault claims against Bruce Lehrmann, with a judge finding the inquiry’s report gave rise to an apprehension of bias.

Online marketplace Redbubble has succeeded on appeal in cutting down the damages it owes to Hells Angels from over $78,000 to just $100, following a finding that it violated the motorcycle group’s trade marks.

The Full Federal Court has found it was “abundantly clear” on the evidence before a trial judge that funeral expenses insurance provider ACBG misrepresented to Aboriginal customers that it was Aboriginal owned or managed, but found ASIC contributed to the error with its bad pleadings.

A judge overseeing an appeal in a carriage dispute in a class action against Jaguar Land Rover over allegedly defective diesel filters has said he prefers the approach of the Supreme Court of Victoria to such fights, saying firms should not revise their bids multiple times.

The Bureau of Meteorology has appealed a judgment that found a former senior executive was unfairly fired after taking a business-class trip to Paris.

Appealing findings of serious corrupt conduct over her award of state funds to the district of then boyfriend and member of parliament Daryl Maguire, former NSW premier Gladys Berejiklian has told a court politicians can have “personal attachments” while still acting in the public interest.

A judge hearing an appeal by a funder over its cut of a $98 million settlement in franchisee class actions against 7-Eleven has said the $12 million commission was “plainly too little”, and questioned if the class action judge had been “stuck” on the idea that common fund orders are bad. 

Appealing her loss in a trade mark stoush with an Australian fashion designer, pop star Katy Perry has argued the woman “should have changed direction” with her ‘Katie Perry’ brand once the singer’s star began to rise.