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In-N-Out Burgers wins injunction in IP fight against ‘ghost kitchen’ operator
Intellectual Property 2023-01-11 11:05 am By Sam Matthews

American fast food chain In-N-Out Burgers has won an injunction against a Queensland ‘ghost kitchen’ that operates solely through meal delivery apps, after it failed to comply with court-ordered undertakings.

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Applicant wants do-over in failed Zoetis horse vaccine class action
Appeals 2023-01-10 4:38 pm By Cat Fredenburgh

The applicant who lost a class action against animal health giant Zoetis over alleged side effects resulting from its Hendra virus horse vaccine has filed an appeal, arguing the judge should have found the vaccine was not of acceptable quality.

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Rejected costs report in Woolworths class action got proportionality wrong, judge says
Class Actions 2023-01-10 11:02 pm By Sam Matthews

A costs report in a settled class action against Woolworths that recommended almost $800,000 in legal fee deductions failed to wrestle with a key factor in weighing the proportionality of the costs, a judge has said.

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Class action against WA on behalf of fine defaulters trashed
Class Actions 2023-01-10 2:13 pm By Cindy Cameronne

The Western Australian government has won its bid to strike out a class action that seeks damages for alleged discrimination against First Nations Australians detained for unpaid fines.

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Tolga Kumova wins $275,000 defamation judgment against Stock Swami
Defamation 2023-01-09 11:41 pm By Sam Matthews

The man behind the Twitter handle Stock Swami has been ordered to pay $275,000 in damages to Tolga Kumova, after a judge found his tweets defamed the mining investor by accusing him of insider trading, misleading the market, and running a pump and dump scheme.

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In Stock Swami decision, judge sends own concerns notice to defamation lawyers
Defamation 2023-01-09 11:08 pm By Christine Caulfield

Lawyers for respondents in defamation litigation have been put on notice for their practice of tossing defences around like grenades in armed combat — it isn’t going to fly any more, warns a judge whose docket is stacked with high profile cases.

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Settlement in RMS Engineering class action wins court approval
Employment 2023-01-09 2:51 pm By Cindy Cameronne

A judge has approved a settlement in a class action against Queensland-based RMS Engineering and Construction alleging it refused to give staff meal breaks and threatened those who complained about excessive hours.

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Controversial lecturer’s social media posts justified sacking, University of Sydney claims
Employment 2023-01-06 9:38 am By Sam Matthews

The University of Sydney has appealed a judgment finding it unlawfully terminated a political economy lecturer for showing students a slide of a Nazi swastika superimposed on the Israeli flag.

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‘Substantial industrial theft’: Hytera to face damages for stealing Motorola’s source code
Intellectual Property 2022-12-23 8:59 pm By Cat Fredenburgh

A judge has found Shenzhen-based based radio manufacturer Hytera engaged in “substantial industrial theft” by appropriating Motorola’s source code for its digital mobile radios and should be on the hook for additional damages for “flagrantly” infringing Motorola’s copyright.

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Retail Food Group agrees to $10M settlement in ACCC case
Competition & Consumer Protection 2022-12-23 5:27 pm By Cat Fredenburgh

Retail Food Group has agreed to a settlement worth $10 million in ACCC proceedings alleging the franchise giant misled purchasers of loss-making stores about the viability of its stores.

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