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Chris Gayle defeats defamation appeal by publishers despite lawyer going ‘too far’ at trial
Appeals 2019-07-16 4:52 pm By Miklos Bolza

The publishers of the Sydney Morning Herald, The Age and The Canberra Times have lost an appeal of a $300,000 defamation award to cricketer Chris Gayle, despite the appeals court finding Gayle’s barrister had gone “too far” in his submissions to the jury.

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Delegate says A2 milk common meaning bars ‘true A2’ trade mark
Intellectual Property 2019-07-16 3:19 pm By Cat Fredenburgh

The phrase true A2 is not inherently adapted to distinguish the A2 Milk Company’s products because A2 milk is commonly understood to signify less allergenic dairy products that do not contain the A1 protein, according to a now-published ruling that’s already been appealed by the dairy company.

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Vodafone avoids fine after agreeing to refund customers over misleading billing
Competition & Consumer Protection 2019-07-16 2:14 pm By Christine Caulfield

Telecommunications company Vodafone will refund thousands of customers misled by its direct carrier billing charges after an investigation by the consumer watchdog that saw Telstra and Optus fined $10 million for similar conduct.

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Ex-Hastie Services execs acquitted on conspiracy charges
White Collar 2019-07-15 10:50 pm By Cat Fredenburgh

Two former executives of Hastie Services have been cleared of criminal charges that they engaged in a conspiracy to falsify the company’s accounts, with a judge ordering the jury to enter verdicts of not guilty on all charges.

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Merck Sharp & Dohme loses key battle in trade mark case ahead of trial
Intellectual Property 2019-07-15 8:51 pm By Miklos Bolza

A court has barred US drug company Merck Sharp & Dohme from denying that an agreement made with German pharmaceutical company Merck KGaA was governed by German law, settling a key question before a trade mark case between the two drug giants goes to trial.

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Sportsbet loses application for ‘Same Game Multi’ trade mark
Intellectual Property 2019-07-15 7:10 pm By Amelia Birnie

Sportsbet’s application to register ‘Same Game Multi’ as a trade mark has been rejected, with the Registrar of Trade Marks relying on statements in the company’s own market research that its betting product should “do exactly what it says on the tin” to find the mark insufficiently distinctive.

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Judge wants contradictor’s view on Sydney light rail common fund
Class Actions 2019-07-15 3:11 pm By Miklos Bolza

The judge overseeing the Sydney light rail class action has ordered that a contradictor be appointed to weigh in on a proposed common fund order, which includes a 25 per cent commission for the funder that is backing the case.

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Geoffrey Rush briefs new top silk to fight Nationwide defamation appeal
Defamation 2019-07-15 11:28 am By Amelia Birnie

Actor Geoffrey Rush is pulling out all the stops in his bid to uphold his record $2.9 million defamation judgment against Daily Telegraph publisher Nationwide News, briefing a prominent Sydney barrister to lead his case against the appeal.

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Adani defeats appeal in native title challenge to Queensland coal mine
Energy & Natural Resources 2019-07-12 10:30 pm By Christine Caulfield

A group of Indigenous Australians opposed to Adani’s Carmichael coal mine in Queensland has lost an appeal of a ruling dismissing a native title case against the $16 billion development.

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Allergan faces potential class action over breast implants linked to rare cancer
Personal injury 2019-07-12 10:07 pm By Christine Caulfield

Slater & Gordon is probing a possible class action against Allergan Australia on behalf of women who developed a rare form of lymphoma linked to the company’s textured breast implants.

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