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Full Court dashes Bendigo and Adelaide Bank’s hopes of saving ‘community bank’ trade mark
Intellectual Property 2021-03-11 4:47 pm By Cat Fredenburgh

Bendigo and Adelaide Bank has lost its appeal of a ruling that revoked its 22-year-old ‘community bank’ trade mark, with the Full Federal Court agreeing that the phrase has an ordinary signification and cannot be trade marked for the bank’s services.

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5 takeaways from High Court’s ruling on class action beauty parades
Analysis 2021-03-10 10:02 pm By Christine Caulfield

Lawyers and experts welcomed the High Court’s ruling Wednesday, which approved a class action beauty parade approach to dealing with competing proceedings and provided guidance as to how judges might otherwise manage the problem of duplicative cases. Here, Lawyerly outlines the important things to take away from the majority’s judgment.

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ATO wins High Court appeal against Travelex over mistaken $149,000 tax surplus
Tax 2021-03-10 3:45 pm By Miklos Bolza

The High Court has ruled that the tax office was not obliged to refund money for tax surpluses mistakenly issued under the GST Act, in a long-running legal dispute between the Commissioner of Taxation and foreign currency exchange Travelex.

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High Court says ‘no one size fits all’ when it comes to competing class actions
Class Actions 2021-03-10 10:18 am By Christine Caulfield

Judges have power to manage competing class actions by picking a winner in a so-called beauty parade, the High Court has ruled, but there is no one size fits all approach to the decision, and the law firm that files first is not guaranteed the coveted prize.

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Appeal filed after judge rejects bid for oral discovery in 7-Eleven class actions
Class Actions 2021-03-09 4:25 pm By Miklos Bolza

The lead plaintiffs in two class actions against 7-Eleven have appealed a decision rejecting the very first Federal Court application for oral discovery, which would have seen four former employees bound by confidentiality agreements give evidence.

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High Court refuses special leave to Healius in $60M tax refund battle
Tax 2021-03-05 5:59 pm By Christine Caulfield

Health care giant Healius has lost its application to the High Court to challenge a $60 million win for the Australian Taxation Office.

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Irate judge says lawyers should personally face costs for signing off on deficient cases
Employment 2021-03-05 4:55 pm By Christine Caulfield

Certification of pleadings in legal action is not a formality that needs to be “ticked off”, and solicitors who put their signature to improperly pleaded cases should face adverse costs, an irritated appeals judge has said.

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Johnson & Johnson unit loses high-stakes appeal in pelvic mesh class action
Appeals 2021-03-05 11:34 am By Miklos Bolza

The Full Federal Court has tossed an appeal by Johnson & Johnson unit Ethicon challenging a landmark decision that put it on the hook for paying damages to 10,000 women who suffered injury through defects in its prolapse mesh and incontinence tape implants.

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GetSwift wins appeal bid to disqualify judge from class action
Appeals 2021-03-05 10:38 am By Spencer Fowler Steen

GetSwift has triumphed in its bid to disqualify a judge who refused to recuse himself from hearing a shareholder class action against the logistics software company after presiding over ASIC’s civil penalty proceeding against the company.

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Full Court to hear another appeal over computer-implemented invention
Intellectual Property 2021-03-04 2:58 pm By Cat Fredenburgh

The Full Federal Court has been asked to consider an appeal of a judge’s ruling backing the position of the Commissioner of Patents that two patents for a computer-implemented invention did not describe a manner of manufacture and should be revoked.

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