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Facebook still California dreaming in legal battle with startup
Competition & Consumer Protection 2021-02-04 3:50 pm By Cat Fredenburgh

Facebook and its subsidiary Instagram are pushing for a competition dispute brought by an Australian social media startup to be heard on their home turf in the state of California.

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Activists notch High Court victory over expansion of Queensland coal mine
Environment 2021-02-03 9:09 pm By Cat Fredenburgh

A Queensland activist group has come up trumps in a drawn-out legal battle against New Acland Coal’s proposed expansion of a coal mine, with the High Court striking down previous lower court rulings giving it the green light.

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J&J slammed for ‘wreckage’ of a case in pelvic mesh class action appeal
Class Actions 2021-02-03 3:39 pm By Miklos Bolza

A group of women harmed by pelvic mesh devices produced by Johnson & Johnson have accused it of persisting with a “wreckage” of a case in which one of its own doctors admitted the pharmaceutical company knew of the risks posed by the implants at they time they were sold worldwide.

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High Court rejects Westpac’s ‘gloss’ on financial product advice statute
High Court 2021-02-03 10:51 am By Christine Caulfield

The High Court has dismissed an appeal by Westpac challenging a ruling that found the bank breached its duties to customers by providing personal financial advice as part of a telephone campaign encouraging customers to roll over external superannuation accounts.

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Judge finds Spain not immune from enforcement of $375M arbitration awards
Arbitration 2021-02-02 5:10 pm By Miklos Bolza

The Full Federal Court has granted a limited appeal in the Kingdom of Spain’s challenge to a judgment enforcing a $375 million arbitration award over two renewable energy investments, ordering a redrafting of the primary judge’s orders but rejecting claims that Spain was immune as a foreign state from enforcement of the award.

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Race car driver Max Twigg appeals ruling he misappropriated $100M from family trust fund
Sports 2021-02-02 2:52 pm By Spencer Fowler Steen

Race car driver and former owner of the famed Byron Bay Hotel, Max Twigg, has launched an appeal of a ruling that he misappropriated around $100 million in family trust money and took steps to conceal the transfer of funds from his mother.

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Monster Energy challenges loss of ‘Motherland’ trade mark
Intellectual Property 2021-02-02 2:34 pm By Cat Fredenburgh

Monster Energy, which makes Mother brand energy drinks, has appealed a ruling from IP Australia that granted rival caffeinated beverage maker Vittoria Food & Beverage’s application for the removal of Monster’s ‘Motherland’ trade mark for non-use.

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Judge was wrong to ignore pelvic mesh doctors, J&J says in high-stakes appeal
Appeals 2021-02-01 6:53 pm By Miklos Bolza

The judge who found J&J’s pelvic mesh implants defective in a high stakes class action ruling mde a “pervasive error” in disregarding the knowledge and views of the applicants’ doctors, an appeals court has heard. 

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Computer-implemented invention fails again to pass patent test
Intellectual Property 2021-02-01 3:35 pm By Spencer Fowler Steen

The Federal Court has once again sided with the Commissioner of Patents in a challenge to a ruling that patents for a computer-implemented invention did not describe a manner of manufacture and should be revoked.

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High Court set to deliver judgment in Westpac’s appeal of personal advice ruling
High Court 2021-01-29 3:49 pm By Miklos Bolza

The High Court will hand down its ruling Wednesday in a high-stakes case between ASIC and Westpac that is expected to clarify the line between personal and general financial advice.

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