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Lawyer shielded by advocate’s immunity for omission of claim against builder: appeals court
Appeals 2023-06-28 2:42 pm By Cindy Cameronne

An appeals court has held that a Sydney solicitor can’t be sued for negligence for a failure to include a breach of contract claim in a building dispute, saying the lawyer was protected by advocate’s immunity because his decision was “intimately connected” with the litigation.

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Viterra loses appeal of Cargill’s $300M win over Joe White sale
Corporate 2023-06-27 3:48 pm By Cindy Cameronne

In a decade-old dispute, Viterra has lost an appeal of a judgment holding it liable to pay Cargill Australia $293 million for misrepresentations about the performance of its malt producer Joe White, which it sold to Cargill for $420 million in 2013.

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Medibank’s capital requirement lifted to $250M after data breach
Privacy & Cybersecurity 2023-06-27 2:53 pm By Gareth Baker

The Australian Prudential Regulation Authority has raised Medibank’s capital adequacy requirement by $250 million, following last year’s cyber attack against the private health insurer, which exposed the personal details of 10 million customers. 

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Hannover Life scores partial win against tax office over GST credits
Tax 2023-06-27 5:18 pm By Gareth Baker

Hannover Life Re should be allowed tax credits for GST paid on a share of its overheads, including rent and power, a judge has found in a partial win for the reinsurer.

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Sour grapes as Champagne growers appeal trade mark decision
Intellectual Property 2023-06-27 4:18 pm By Gareth Baker

The French association representing wine producers from Champagne is appealing a recent trade mark loss to an Australian health retailer, claiming a product being sold on Aussie shelves is using its coveted name without assurances it originates from the French region. 

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Sanofi defeats government’s $325M appeal over generic Plavix ban
Intellectual Property 2023-06-26 4:00 pm By Cindy Cameronne

Drug maker Sanofi-Aventis is not liable for the federal government’s losses for excess subsidies paid for the blood-thinner Plavix after an allegedly unjustified court injunction prevented the release of a generic version of the blockbuster drug, an appeals court has found.

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High Court tosses Russia’s bid to halt embassy eviction
High Court 2023-06-26 3:47 pm By Christine Caulfield

The High Court has dismissed Russia’s application for an injunction blocking the eviction of Moscow’s embassy from Canberra.

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Seven tries to resurrect ‘7Now’ mark in IP stoush with 7-Eleven
Appeals 2023-06-26 11:41 pm By Cat Fredenburgh

Seven Network has appealed a ruling that revoked its 7NOW trade mark for non-use in a victory for convenience chain 7-Eleven as it seeks to expand its presence in Australia.

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Sydney Trains driver sacked for drinking deserves rehearing, Full Court says
Employment 2023-06-26 10:05 pm By Gareth Baker

The Full Court has held a Sydney Trains driver who worked the morning after blowing over four times the legal limit is entitled to a rehearing, finding the Fair Work Commission failed to properly consider a section of its own founding legislation. 

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Parking detection patents infringed by SARB’s Pinforce sensors, judge finds
Intellectual Property 2023-06-26 12:08 pm By Cindy Cameronne

Tech company Vehicle Management Systems has won a long-running patent infringement dispute with rival SARB over a sensor-based system the City of Melbourne uses for timing parked vehicles. 

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