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Pauline Hanson’s ‘back to Pakistan’ Tweet not based on Greens leader’s race, court told
Human Rights 2023-06-01 3:20 pm By Christine Caulfield

One Nation senator Pauline Hanson has told a court her social media post calling on Greens deputy leader Dr Mehreen Faruqi to “piss off back to Pakistan” was not based on race or ethnicity.

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Spain to revive immunity claims in latest suits to enforce $166.7M arbitration awards
Arbitration 2023-05-25 3:38 pm By Cindy Cameronne

Spain has foreshadowed a fresh High Court challenge claiming it is immune from proceedings brought by a renewable energy company and a Deutsche Bank subsidiary to enforce arbitration awards totalling $166.7 million related to changes to its renewable energy policies.

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High Court asked to weigh in on Toyota class action over defective diesel filters
Product Liability 2023-04-28 4:48 pm By Christine Caulfield

Damages for reduction in value under the Australian Consumer Law are at the centre of competing special leave applications to the High Court filed by Toyota and the lead applicant in a class action over defective diesel filters.

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Toyota can’t overturn defect ruling, but wins cut to damages in diesel filter class action
Class Actions 2023-03-27 5:03 pm By Christine Caulfield

An appeals court has partially sided with Toyota in a challenge to the damages bill assessed by a judge in a class action over defective diesel filters, saying the reduction in value of affected cars should be assessed at 10 per cent, not 17.5 per cent, of the price paid by motorists.

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Drink rivals mull High Court appeals after losing ‘Mother’ of all trade mark disputes
Intellectual Property 2023-03-22 2:11 pm By Cindy Cameronne

The owners of Mother energy drinks and Vittoria Food & Beverage have both lost their challenges to each other’s ‘Motherland’ and ‘Mothersky’ trade marks and are considering taking the long-running stoush to the High Court. 

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Former ANZ unit says ASIC should ask bank for info in fees for no service case
Financial Services 2023-03-21 8:20 pm By Cindy Cameronne

A judge has rejected arguments by superannuation trustee OnePath Custodians that the corporate regulator must look to former parent company ANZ for evidence in its fees for no service case.

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ASIC files first-ever action over whistleblower breaches against TerraCom
Employment 2023-03-01 1:19 pm By Cindy Cameronne

The Australian Securities and Investments Commission has brought its first-ever case alleging breach of whistleblower protections against coal producer TerraCom, claiming it made misleading statements to the market that damaged a whistleblower’s reputation.

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Melbourne craft brewery’s zero carb rival didn’t rip off IP, judge finds
Intellectual Property 2023-02-09 4:24 pm By Cindy Cameronne

Melbourne craft beer producer Brick Lane Brewing has lost its lawsuit accusing three companies behind the zero carb Better Beer of ripping off its packaging in breach of the Australian Consumer Law.

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Full Court triples ‘manifestly inadequate’ penalty against Employsure
Competition & Consumer Protection 2023-02-08 11:34 am By Cindy Cameronne

The Australian Competition and Consumer Commission has won its appeal against Employsure over alleged misleading Google advertisements, with the Full Federal Court upping the penalty against the specialist workplace relations consultancy from $1 million to $3 million.

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An ‘odd’ result: High Court told reputation can’t be ignored in Botox TM case
Intellectual Property 2022-12-08 4:30 pm By Cindy Cameronne

A contradictor has argued that the High Court must consider the reputation of Botox maker Allergan’s trade marks in a cosmetic company’s challenge to a judgment finding it infringed the marks by marketing its topical creams as Botox alternatives.

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