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‘O Come, All Ye Faithful’ inspired Twisted Sister rock anthem, Dee Snider admits
Trials 2020-10-20 1:27 pm By Miklos Bolza

Heavy metal singer Dee Snider has admitted under cross-examination that ‘O Come, All Ye Faithful’ influenced Twisted Sister’s rock anthem ‘We’re Not Gonna Take It’ but denied that he had “borrowed” elements of the Christmas carol for the 1985 hit.

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Sydney lawyer can’t delay appeal in sports betting class action
Appeals 2020-10-20 12:31 pm By Cat Fredenburgh

A Sydney lawyer has lost her bid to vacate an upcoming hearing in her appeal of a judge’s finding that investors who sank $12.3 million into a fraudulent sports betting scheme run by convicted conman Peter Foster lost money because of her failure to come forward with the truth.

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Game over for Monster Energy’s opposition to ‘Monster Strike’ trade mark
Intellectual Property 2020-10-19 9:49 pm By Cat Fredenburgh

A judge has shot down Monster Energy’s opposition to Japanese software company Mixi registering the ‘Monster Strike’ trade mark in Australia for its popular video game of the same name, the second judge to find the energy drink maker’s standalone ‘Monster’ mark does not have a significant reputation in Australia.

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Flexigroup tries again to overcome Zip opposition to ‘no interest’ trade mark
Intellectual Property 2020-10-19 9:46 am By Cat Fredenburgh

Fintech Flexigroup has appealed rival Zip Co’s successful opposition to its ‘No Interest Ever!’ trade mark, which an IP Australia delegate found was a laudatory phrase incapable of distinguishing the goods of a single trader.

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CFMEU wins Full Court challenge to ‘serial offender’ penalty
Employment 2020-10-16 11:52 pm By Christine Caulfield

A history of serial offending by the CFMEU could be factored into a court’s finding on the gravity of later breaches of the Fair Work Act, but not to the extent that the union pays a disproportionate penalty, the Full Federal Court has found in a significant ruling that settles conflicting case law.

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Qantas appeals court’s finding that it misapplied JobKeeper
Appeals 2020-10-15 11:27 am By Cat Fredenburgh

Qantas Airways will challenge a court’s finding that it incorrectly applied the JobKeeper scheme and underpaid its staff.

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Judge says Robodebt class action claims ‘weak’, but refuses government’s appeal bid
Class Actions 2020-10-14 9:31 pm By Miklos Bolza

A judge has refused an application by the Federal Government to appeal the expansion of the Robodebt class action pleadings despite finding the case was “troubling”, “weak” and in certain aspects “[made] no sense whatsoever”.

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Nine loses appeal of $3.7M defamation award over 60 Minutes floods report
Defamation 2020-10-13 5:16 pm By Miklos Bolza

The Nine Network has lost its challenge to a $3.7 million defamation judgment awarded to a prominent Queensland family over a 60 Minutes report that implied they were to blame for a 2011 flood event that killed 12 people.

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Boehringer appeals win for Merck in parasite patent spat
Intellectual Property 2020-10-13 12:00 pm By Cat Fredenburgh

Pharmaceutical company Boehringer Ingelheim will take another crack at opposing a patent application for an injectable anti-parasite drug for livestock by a subsidiary of competitor Merck Sharp & Dohme.

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ATO wins appeal in $60M tax dispute with Healius
Tax 2020-10-12 6:46 pm By Cat Fredenburgh

The Australian Taxation Office has secured a Full Federal Court victory in its $60 million tax battle with Healius, overturning a ruling that found the healthcare company could claw back a multi-million dollar tax refund.

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