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Ventia can’t recoup $5.6M from Western Power in bushfire class action
Class Actions 2024-01-16 4:17 pm By Cindy Cameronne

Subcontractor Ventia Utility Services had lost its bid to recover $5.6 million in alleged overpayments to class action group members from co-defendant Western Power, after its liability was reduced on appeal in a representative proceeding over the 2014 Perth Hills bushfire.

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Bed Bath N’ Table scores partial win in IP suit against rival
Intellectual Property 2024-01-16 4:59 pm By Cindy Cameronne

A judge has handed a partial win to homewares brand Bed Bath N’ Table, finding rival House misled consumers by opening a sub-brand called House Bed & Bath but rejecting the retailer’s trade mark infringement claims.

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High Court asked to rule on self-repped firms’ costs for employed solicitors
Business of Law 2024-01-15 10:35 pm By Cindy Cameronne

A former Atanaskovic Hartnell client is seeking special leave to challenge a judgment from the NSW Court of Appeal that found self-represented law firms can recover costs for work done by their own solicitors, urging the High Court to intervene to clarify a judgment eliminating the so-called Chorley exception.

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Tiwi Islander loses challenge to Santos’ $5.6B Barossa pipeline
Energy & Natural Resources 2024-01-15 1:30 pm By Cindy Cameronne

Energy company Santos has defeated a challenge by a Tiwi Islander traditional custodian to the construction of a pipeline for its $5.6 billion Barossa gas project, with a judge rejecting expert evidence about risks to cultural heritage.

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BeforePay defeats Bendigo and Adelaide Bank’s ‘B’ trade mark challenge
Intellectual Property 2024-01-15 3:50 pm By Cindy Cameronne

Bendigo and Adelaide Bank has lost its opposition to the registration of three trade marks by pay on demand company BeforePay, with a delegate finding that consumers of banking and financial services were unlikely to be confused by the marks and acted with high “care and attention”. 

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Ex-PM’s press secretary lashed out at Ten news boss seconds after Higgins interview, email says
Defamation 2024-01-12 11:35 pm By Sam Matthews

A Network Ten executive received an angry phone call from former prime minister Scott Morrison’s chief media advisor after claims about the Liberal Party’s handling of Brittany Higgins’ alleged sexual assault were aired on The Project, new court documents reveal.

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High Court challenge filed in class action against Ford over PowerShift transmissions
High Court 2024-01-11 10:40 pm By Cindy Cameronne

The High Court has been asked to hear another case dealing with how reduction in value damages should be calculated under the Australian Consumer Law, with Ford arguing its appeal should be heard alongside two appeals in a class action against Toyota which the High Court has already agreed to take up.

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Finfluencer infringed rival’s ‘financial foreplay’ trade mark but no damages due, court finds
Intellectual Property 2024-01-11 1:36 pm By Cindy Cameronne

A judge has found finfluencer Canna Campbell infringed a rival’s ‘financial foreplay’ trade mark by promoting a podcast that contained the phrase, but declined to award damages, finding there was insufficient evidence that she profited from the infringement.

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Judge rejects climate challenge to NSW logging agreement
Environment 2024-01-10 12:44 pm By Cindy Cameronne

An environmental group has lost its case alleging the federal government failed to take climate change into account when it renewed an agreement for logging in New South Wales, with a judge saying it was a ‘political’ issue rather than one for the courts.

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US lawyer’s confusion about Aussie patent law can’t save Sanofi unit’s application
Intellectual Property 2024-01-10 2:24 pm By Sam Matthews

A Sanofi unit has lost its bid for more time to file a divisional application in relation to a hemophilia treatment, with an IP Australia delegate finding that a US lawyer’s mistaken belief about Australian patent law did not explain the company’s failure to make the application in time.

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