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Mylan fails in High Court bid to save patents for top seller Lipidil
Intellectual Property 2020-11-06 12:06 pm By Cat Fredenburgh

The High Court has declined to take up Mylan’s challenge to a Full Court ruling upholding the invalidity of three patents for its blockbuster cholesterol drug Lipidil.

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Craft brewery can’t overturn cancellation of ‘Urban Ale’ trade mark
Intellectual Property 2020-11-04 7:00 pm By Miklos Bolza

A Melbourne-based craft brewery has failed to save its ‘Urban Ale’ trade mark, with the Full Federal Court dismissing its appeal and finding that a judgment ordering the cancellation of the mark was correct.

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ATO appeals Crown victory over GST on high roller junkets
Appeals 2020-11-03 4:24 pm By Cat Fredenburgh

The Australian Taxation Office is challenging a victory by two Crown Resorts’ casinos in a $100 million dispute over GST assessments on commissions and rebates paid to tour operators that directed international VIP gamblers to the casinos.

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Viagogo appeals $7M penalty for duping consumers
Competition & Consumer Protection 2020-11-02 1:42 pm By Cat Fredenburgh

Viagogo has appealed a $7 million penalty handed down after a judge found the ticket reseller had misled consumers into thinking it was an official vendor and failed to disclose booking fees of around 28 per cent.

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Findex can’t enforce ‘convoluted’ restraint clauses against advisor who poached clients, court says
Accounting 2020-10-30 10:23 pm By Miklos Bolza

Accounting firm Findex has lost an appeal of a court’s judgment tossing its case against a former financial advisor, despite the court finding he had poached the company’s clients and caused $742,000 in losses.

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ACCC appeals loss in Employsure case over Google ads, keywords
Appeals 2020-10-29 5:13 pm By Cat Fredenburgh

The ACCC has lodged an appeal after a judge threw out its case against Employsure alleging the specialist workplace relations consultancy duped small businesses into signing long-term contracts via several Google ads that promised free workplace advice which appeared to be government-affiliated.

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7-Eleven says courts have no power to ever make a common fund order
Class Actions 2020-10-27 11:51 pm By Christine Caulfield

The High Court majority’s reasoning in the decision nixing common fund orders at an early stage of a class action leads “inexorably and inevitably” to the conclusion that there is no power to make such an order at any time in a proceeding, counsel for 7-Eleven has told an appeals court.

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‘Big fat CFO’ incentives would distort class action scheme, BMW tells court
Class Actions 2020-10-27 8:48 pm By Miklos Bolza

Luxury car maker BMW has told the NSW Court of Appeal that the courts do not have power to make common fund orders at any stage of a group proceeding, arguing that such orders would distort the scope of the class action regime by encouraging litigation funders to pursue lawsuits.

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Rabbi loses appeal in defamation case over Royal Commission comments on child sex abuse
Appeals 2020-10-26 10:52 pm By Cat Fredenburgh

A Sydney rabbi who told the Royal Commission into Child Sexual Abuse that he did not know touching a child’s genitals was a crime has lost his appeal of a ruling throwing out defamation proceedings he brought against Nationwide News and SBS.

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Judges unclear about Johnson & Johnson unit’s arguments in pelvic mesh appeal
Appeals 2020-10-23 2:57 pm By Miklos Bolza

A judge due to hear a high profile appeal by Johnson & Johnson unit Ethicon has expressed confusion about the grounds on which the medical device maker is challenging a landmark judgment putting it on the hook for potentially hundreds of million of dollars in damages over faulty pelvic mesh implants.

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