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KFC loses challenge to Grill’d’s HFC trade mark
Intellectual Property 2023-12-07 10:22 pm By Sam Matthews

KFC has failed to block Grill’d’s HFC trade mark, with a judge finding the marks are not deceptively similar and that Grill’d did not act in bad faith despite parodying the fast food giant in advertising for its ‘Healthy Fried Chicken’ products. 

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High Court overturns class action waiver finding in Ruby Princess case
Class Actions 2023-12-06 10:50 am By Cindy Cameronne

The High Court has overturned a ruling that barred foreign passengers from a class action over the ill-fated Ruby Princess cruise in 2020, finding a class action waiver in the terms and conditions of their tickets was unenforceable under Australia’s consumer laws.

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Dick Smith CFO stuck with $57M judgment after High Court revokes special leave
Appeals 2023-12-06 4:54 pm By Christine Caulfield

Former Dick Smith CFO Michael Potts is on the hook for paying $57 million in damages to National Australia Bank after the High Court on Wednesday revoked its grant of special leave, finding he did not raise a legal question of public importance.

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ABC, News Corp paid $445,000 to settle Lehrmann defamation claims
Defamation 2023-12-06 10:23 pm By Sam Matthews

The ABC and a News Corp unit agreed to pay $445,000 to settle defamation claims by Bruce Lehrmann over allegations that he raped fellow Liberal staffer Brittany Higgins in Parliament House. 

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Lehrmann and Higgins ‘touchy’ on night of alleged rape, former colleague tells court
Defamation 2023-12-06 1:43 pm By Sam Matthews

A former Liberal staffer has doubled down on her evidence that Bruce Lehrmann and Brittany Higgins were “touchy” with one another on the night she was allegedly raped by Lehrmann, a claim which he has denied. 

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High Court says real estate agency not liable for developer’s source code theft
Intellectual Property 2023-12-06 4:10 pm By Cindy Cameronne

The High Court has found Victorian real estate agency Biggin & Scott did not authorise through “indifference” the theft of Campaigntrack’s source code by a software developer it hired to create a cloud-based real estate marketing platform.

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Brittany Higgins denies trying to ‘blow up’ retrial, reveals $2.3M payout from government
Defamation 2023-12-05 11:50 pm By Cindy Cameronne

Brittany Higgins has denied she tried to derail a criminal retrial of former colleague and alleged rapist Bruce Lehrmann in favour of a civil case with a lower standard of proof, as she revealed in court the federal government paid $2.3 million to settle her claims.

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‘I wasn’t ready to reveal the truth’: Higgins grilled over texts after alleged rape
Trials 2023-12-05 2:14 pm By Cindy Cameronne

Brittany Higgins has been questioned over messages she sent to a friend shortly after she was allegedly raped at Parliament House that are said to contradict her account, with the former Liberal staffer saying she “wasn’t ready” to disclose the truth.

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Full Court finally sets date for 7-Eleven class action funder’s CFO fight
Class Actions 2023-12-05 11:45 pm By Christine Caulfield

The date has been set for a hearing in the second case to test the argument that judges lack power to make a common fund order when a class action settles, and the litigation funder challenging the argument can expect a sympathetic ear.

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Former Liberal MP Moira Deeming sues John Pesutto for defamation
Defamation 2023-12-05 11:38 pm By Cat Fredenburgh

Former Victorian Liberal MP Moira Deeming has brought defamation proceedings against the leader of the state’s Liberal party, John Pesutto.

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