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Designer drops ‘ill-advised’ lawsuit over bikini style trade mark
Intellectual Property 2020-12-10 9:57 pm By Cat Fredenburgh

Women’s fashion designer Pinnacle Runway has cut its losses and dropped its challenge to a ruling that found a rival’s use of the name ‘Delphine’ to describe a bikini style did not constitute trade mark infringement, after a judge hit the company with indemnity costs for pursuing the ‘ill-advised’ lawsuit.

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Opal Tower concrete manufacturer appeals loss to insurer over coverage of legal bills
Insurance 2020-12-09 9:22 pm By Spencer Fowler Steen

The prefab concrete specialist behind Sydney’s Opal Tower has appealed a ruling letting its insurers off the hook to pay costs in advance incurred in defending cross-claims in two lawsuits over the ill-fated tower.

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High Court to hear challenge to ruling over ‘defamatory’ Facebook comments
High Court 2020-12-08 10:57 pm By Cat Fredenburgh

Three media companies have been granted special leave by the High Court to challenge a finding that they could be held liable for allegedly defamatory remarks left under news articles they posted on Facebook.

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Ex-Norton Rose Fulbright partner says $160,000 damages ‘manifestly inadequate’
Appeals 2020-12-08 4:50 pm By Christine Caulfield

A sacked Norton Rose Fulbright partner is challenging a $160,000 award handed down by a judge who found the law firm intentionally deceived him in litigation over his dismissal, arguing the sum is “manifestly inadequate”.

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Last stop for ACCC as High Court refuses leave to appeal Pacific National, Aurizon deal
Competition & Consumer Protection 2020-12-08 1:34 pm By Christine Caulfield

The ACCC has reached the end of the line in its challenge to Pacific National’s $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, with the High Court dismissing the competition regulator’s application to take up the appeal.

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High Court asked to deal death blow to common fund orders
High Court 2020-12-07 4:57 pm By Cat Fredenburgh

Convenience store chain 7-Eleven has asked the High Court to find courts do not have the power to make common fund orders at settlement or judgment in a class action, one year after the High Court ruled common fund orders could not be made in the early part of a representative proceeding.

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Sydney Opera House fights China group’s trade mark
Intellectual Property 2020-12-04 12:45 pm By Miklos Bolza

The Sydney Opera House is challenging a ruling that denied its opposition to a trade mark application filed by a China-Australia trade association that featured an image of the opera house sails together with the Great Wall of China.

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Pfizer can’t get discovery in anticipation of Sandoz’ Enbrel biosimilar, judge says
Intellectual Property 2020-12-03 11:00 pm By Cat Fredenburgh

A judge hearing Pfizer’s application for preliminary discovery against Sandoz over its possible launch of an Enbrel biosimilar has found that such an application must be based on a current belief that the applicant could be entitled to relief.

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Stood-down Qantas workers lose second bid for sick leave
Employment 2020-11-27 10:13 pm By Christine Caulfield

Qantas workers on stand-down orders during the coronavirus pandemic have lost an appeal to overturn a ruling that they are not entitled to access paid sick or compassionate leave.

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Law firm ‘took advantage’ of privileged position in filing Treasury Wines class action, court told
Class Actions 2020-11-27 7:51 pm By Miklos Bolza

Treasury Wine Estates has accused plaintiffs law firm Maurice Blackburn and barrister Guy Donnellan of “taking advantage” of their privileged position by using evidence discovered in a settled class action to file a second case against the wine maker.

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