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Tile maker Ceramiche wins trade mark fight with Caesarstone after ‘honest use’ ruling
Intellectual Property 2020-07-29 3:28 pm By Christine Caulfield

Tile maker Ceramiche Caesar has prevailed in its challenge to a judge’s ruling allowing building products manufacturer Caesarstone to register two trade marks despite a finding that they were deceptively similar to one of its marks.

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Lawyer loses sexual harassment appeal after urging court to just think of him as ‘Mr Darcy’
Employment 2020-07-27 11:07 pm By Christine Caulfield

A lawyer who argued his conduct towards a paralegal was not sexual harassment but a display of ardent affection akin to ‘Mr Darcy’ in ‘Pride and Prejudice’ has lost his appeal of a $170,000 judgment against him, with the Full Federal Court saying the case was “as far from a Jane Austen novel as it is possible to be”.

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Funder behind Fair Work class actions a ‘litigation bounty hunter’, Full Court hears
Employment 2020-07-27 9:13 pm By Miklos Bolza

Facing accusations of being a “litigation bounty hunter”, litigation funder Augusta Ventures has made its bid before the Full Federal Court to overturn a landmark ruling which put it on the hook for $3.1 million in security in two Fair Work class actions.

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Norbrook appeals approval of Bayer’s animal antiseptic patent
Appeals 2020-07-24 10:45 pm By Cat Fredenburgh

Veterinary pharmaceutical company Norbrook Laboratories has filed court proceedings after a delegate of IP Australia tossed its opposition to a patent by Bayer New Zealand for a bovine antiseptic treatment.

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James Cook University wins appeal of $1.2M judgment for sacked climate-skeptic professor
Appeals 2020-07-22 11:10 pm By Christine Caulfield

An appeals court has sided with James Cook University in its appeal of a ruling awarding $1.2 million to sacked climate skeptic professor Peter Ridd, saying the academic’s right to express unpopular views was “necessarily constrained”.

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Government won’t challenge loss in live export class action
Class Actions 2020-07-22 10:16 pm By Cat Fredenburgh

The Federal Government will not challenge a ruling in a class action brought on behalf of live exporters which found a total ban on live cattle exports to Indonesia in 2011 was “capricious and unreasonable”.

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Uber fails in second bid to put brakes on taxi driver class action
Class Actions 2020-07-22 3:42 pm By Alison Eveleigh

Uber has lost its latest challenge to a landmark class action that alleges the ride-sharing giant engaged in a conspiracy to steal business from taxi and limousine drivers across four states, with an appeals court dismissing arguments the case failed to properly allege an intent to harm.

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ASIC won’t appeal Westpac responsible lending case to High Court
Financial Services 2020-07-22 2:56 pm By Christine Caulfield

ASIC has dropped its fight with Westpac over the bank’s financial assessment of home loan borrowers following political pressure, citing the “challenging economic circumstances”.

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IP Australia appeals loss in Aristocrat gaming methods patent case
Aristocrat Technologies 2020-07-21 10:41 am By Cat Fredenburgh

IP Australia has appealed a judge’s decision to allow four Aristocrat gaming patents to proceed to grant, hoping for another victory after winning two high stakes challenges to software patents before the Full Federal Court.

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Mining giant beats back challenge to lost profits claim in dispute over $2.5B WA iron ore mine
Appeals 2020-07-16 5:27 pm By Christine Caulfield

A subsidiary of US mining giant Cleveland-Cliffs has fought back a second bid to quash its counterclaim for lost profits in a contractual dispute over the lucrative Koolyanobbing iron ore mine, with the Western Australia Court of Appeal saying the claim was not “clearly untenable” as argued.

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