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Noni B owner appeals ruling ordering it to hand over docs to ACMA
Privacy & Cybersecurity 2021-07-19 1:16 pm By Cat Fredenburgh

Mosaic Brands has appealed a ruling ordering it to comply with a request for documents from theĀ Australian Communications and Media Authority over its potential violations of the Spam Act.

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IP Australia accuses judge of ‘impermissible gloss’ on patent term extension law
Appeals 2021-07-15 5:29 pm By Cindy Cameronne

IP Australia has appealed a ruling granting drug company Ono Pharmaceutical a patent extension for a cancer immunotherapy drug, calling it an “impermissible gloss” on the Patents Act that is at odds with the law’s purpose.

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Judge admonished for ‘complete lack of intellectual engagement’ in migration case
Appeals 2021-07-15 2:18 pm By Bianca Hrovat

A Federal Court judge has admonished Federal Circuit Court Judge Sandy Street for ā€œa complete lack of intellectual engagementā€ in considering whether an Indian migrant engaged in a sham marriage in order to stay in Australia.

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‘Pretty embarrassing’: Teen frowns on government’s appeal of victory in climate change class action
Appeals 2021-07-09 3:39 pm By Bianca Hrovat

The Federal Minister for the Environment has announced plans to appeal a Federal Court judgment that found the government has a duty of care to protect Australian children from the impacts of climate change.Ā 

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Apple will take fight with Epic Games to the High Court
Competition & Consumer Protection 2021-07-09 9:53 am By Cat Fredenburgh

Apple plans to appeal the Full Federal Court’s decision that Epic Games’ misuse of market power lawsuit over it App Store terms should be heard in Australia because the case raises issues of “fundamental public interest”.

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BHP asks High Court to weigh in on inclusion of foreign investors in class action
Appeals 2021-07-05 11:56 am By Cat Fredenburgh

Global resources giant BHP Group is seeking special leave from the High Court to appeal a ruling that rejected its bid to exclude foreign investors from a shareholder class action over the 2015 Fundao dam disaster.

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Caffitaly wins reversal of invalidity ruling on coffee pod patent
Intellectual Property 2021-07-01 12:52 pm By Miklos Bolza

Coffee capsule machine manufacturer Caffitaly has saved one of its coffee pod patents from a finding of invalidity, in a partially successful appeal of a ruling that stripped three of its patents from the Australian register.

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Court finds trader was defamed by ASIC but throws out $10M lawsuit
Defamation 2021-06-30 5:38 pm By Miklos Bolza

Canadian trader Daniel Schlaepfer has suffered a loss in his $10 million defamation case against ASIC, with an appeals court tossing the lawsuit despite finding the regulator defamed him and his firm by accusing them of unlawful market manipulation.

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Payday lender Cigno loses bid to overturn ASICā€™s short-term credit lending ban
Appeals 2021-06-29 10:35 pm By Cindy Cameronne

Payday lender Cigno has lost its appeal of a ruling which upheld ASICā€™s first product intervention order banning the use of short-term lending models with ā€œexcessiveā€ fees.

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‘Trouble and harassment’: Appeals court won’t revive Palmer’s $263M suit against CITIC
Appeals 2021-06-28 4:40 pm By Miklos Bolza

Clive Palmer and his company Mineralogy have lost a challenge to a Western Australia Supreme Court decision staying a $263 million lawsuit against Hong Kong-based CITIC, with an appeals court finding the mining giant’s decision to abandon and relitigate matters amounted to “unjustified trouble and harassment”.

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