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Full Federal Court rejects US exception to privilege against self incrimination
Appeals 2019-11-05 3:33 pm By Cat Fredenburgh

The sole director and shareholder of OE Solutions can challenge a ruling ordering him to hand over seized documents to Australian automotive electronics developer Directed Electronics OE, with the Full Federal Court declining to adopt US precedent that carves out an exception to the privilege against self-incrimination for corporate custodians.

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Western Union manager could not have known no-show employee had mental illness, Full Court says
Employment 2019-10-24 5:21 pm By Miklos Bolza

International money transfer giant Western Union has successfully appealed a $160,000 judgment in an employment discrimination case, with the Full Federal Court finding the firm’s HR manager could not have known the employee, who was absent from work for seven months prior to the dismissal, actually suffered from a mental disability.

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TPG ā€˜vindicatedā€™ by dismissal of ACCC case over non-refundable customer prepayments
Competition & Consumer Protection 2019-10-11 3:41 pm By Amelia Birnie

Internet provider TPG says it has been ā€œvindicatedā€ by a judgeā€™s decision to throw out the consumer watchdogā€™s case over allegedly unfair contract terms that allowed the telco to keep millions of dollars of customerā€™s unused prepaid funds.

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High Court asked to take up personal leave case after shift workers’ victory
Employment 2019-09-16 9:40 pm By Christine Caulfield

The Federal Government wants the High Court to weigh in on a landmark ruling last month that found food manufacturing giant Mondelez was short-changing its Tasmanian shift workers on their personal leave entitlements under the Fair Work Act.

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Pitcher Partners can’t escape $5.6M judgment over concealed accounting botch job
Appeals 2019-07-23 1:23 pm By Christine Caulfield

Pitcher Partners has lost it challenge to a ruling socking it with a $5.6 million bill for an accounting error concealed from client Neville’s Bus Service, with an appeals court saying there was a “clear and principled basis” to require the accounting firm to pay the sum awarded for loss and damage to the transport company.

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Kraft can stay in peanut butter game while it appeals trade dress loss to Bega
Appeals 2019-06-17 9:56 pm By Cat Fredenburgh

The judge overseeing a dispute between Kraft and Bega over peanut butter trade dress rights has stayed orders barring Kraft from selling peanut butter in Australia featuring the disputed trade dress while it appeals its loss to Bega in the case.

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Microsoft can’t get ‘free hand’ to change case in re-trial of IP spat, judge says
Intellectual Property 2019-05-17 11:11 pm By Christine Caulfield

A judge has rejected an application by Microsoft to add a claim to its intellectual property dispute with a Melbourne computer retailer after the software giant’s $2.8 million win was overturned as “regrettable” and the case sent back for re-trial.

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Viva Energy can’t block arbitration in oil tanker dispute, judge says
Arbitration 2019-05-14 3:18 pm By Cat Fredenburgh

A judge has sent a dispute between oil giant Viva Energy and a Panama-based oil transporter over petroleum allegedly contaminated during transport into arbitration.

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Deloitte grilled after claiming partners have no right to access files from litigation room
Appeals 2019-05-06 10:07 pm By Christine Caulfield

Lawyers for Deloitte were questioned by an appeals court Monday after arguing that the accounting giant’s partners had no access to the firm’s files, stored in a locked “litigation room”, and no power to hand them over to comply with discovery orders in a shareholder class action over the collapse of client Hastie Group.

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Bega wins $60M battle with Kraft over peanut butter trade dress rights
Intellectual Property 2019-05-01 3:21 pm By Cat Fredenburgh

Kraft Foods has come up short in its high-stakes legal battle against Bega over the right to use its distinctive peanut butter trade dress in Australia, allowing Bega to maintain its hold on the $60 million per year stake in the peanut butter market which it acquired by purchasing Kraft unit Mondelez’s Australian and New Zealand business in 2017.

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