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Vittoria can’t transfer IP spat over Moccona instant coffee jar
Intellectual Property 2023-04-17 4:11 pm By Christine Caulfield

Coffee brand Vittoria can’t transfer a case over the trade mark for rival Moccona’s instant coffee jar from one Federal Court registry to another, with a judge reminding the company that the court was “well into the 21st century” and could livestream hearings without the need for interstate travel.

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In loss for Haymarket builder, appeals court says new defect claims not new cause of action
Appeals 2023-04-17 10:25 pm By Sam Matthews

The builder of an allegedly defective Haymarket apartment building has lost an appeal of a decision which found that separate breaches of statutory building warranties do not create individual causes of action.

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Forex broker representative loses challenge to ASIC expert opinion
Competition & Consumer Protection 2023-04-14 4:35 pm By Cindy Cameronne

The authorised representative of forex broker Union Standard can’t exclude parts of an opinion by an ASIC-appointed expert in a case alleging it traded in margin products with Chinese clients despite knowing it was illegal under Chinese law.

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Architecture firm to pay $975,000 for attempting to rig bids on $250M university project
Competition & Consumer Protection 2023-04-13 1:52 pm By Sam Matthews

Award-wining architecture firm Ashton Raggatt McDougall and its former boss have agreed to pay a combined $975,000 in penalties for attempting to rig bids on a $250 million building project at Charles Darwin University.

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Carnival wins strike-out bid in class action over gastro outbreaks
Class Actions 2023-04-12 11:41 am By Cindy Cameronne

Carnival has won its bid to strike out a class action over norovirus outbreaks on its Sun Princess cruise ship. 

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High Court dashes Spain’s challenge to sovereign immunity claims in $394M dispute
Arbitration 2023-04-12 1:48 pm By Cindy Cameronne

Spain has lost its High Court appeal arguing it had sovereign immunity from an Australian court’s recognition of a $394 million arbitration award against the country for changes to its energy policies. 

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Court’s backlog not reason enough to transfer Fair Work case, judge finds
Employment 2023-04-11 10:31 pm By Cat Fredenburgh

A judge has rejected a Federal Circuit and Family Court judge’s decision to transfer a PhD student’s Fair Work lawsuit against the University of Western Australia to the Federal Court because his court does not have the proper resources to consider it. 

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Mecca’s distribution agreement with lux cosmetics brand not unlawful, court finds
Contracts 2023-04-11 11:35 pm By Sam Matthews

Beauty giant Mecca has succeeded in fending off a luxury cosmetics brand’s appeal of a decision that found a term of an exclusive distribution agreement between them was not an unlawful restraint of trade.

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Cato & Clive emails to be seen by Racing NSW as it mulls competition case
Competition & Consumer Protection 2023-03-29 7:42 pm By Cindy Cameronne

The NSW state racing authority has won access to communications between public relations firm Cato & Clive and five other racing bodies, including Racing Victoria, as it weighs a lawsuit alleging they plotted to exclude the body from the Australian horseracing industry. 

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Hancock Prospecting must hand over docs to Rinehart children
Energy & Natural Resources 2023-03-28 2:25 pm By Cindy Cameronne

Gina Rinehart’s Hancock Prospecting has lost its bid to avoid producing documents to Bianca Rinehart and John Hancock after a judge rejected arguments the Rinehart children were abusing the court’s processes in a long-running dispute over ownership of a valuable mining tenement.

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