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Full Court won’t undo injunction barring ‘RestQ’ trade mark use
Intellectual Property 2021-05-28 10:19 pm By Cindy Cameronne

An appeals court has upheld a ruling which bars use of the RestQ trade mark on sleep products sold by Martin & Pleasance because of a ā€œdisturbingā€ number of similarities with the marketing and appearance of an established competitorā€™s Rescue natural sleep aid product.

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Fonterra can’t keep company name out of class action website domain
Class Actions 2021-05-28 3:58 pm By Cat Fredenburgh

Dairy co-operative Fonterra has lost a bid to keep the company’s name out of the domain of a website to be set up for a class action brought by farmers alleging they were unlawfully underpaid when Fonterra slashed milk prices and sought a “clawback” in 2016.

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Climate change class actions likely as court finds duty of care owed to children
Class Actions 2021-05-28 2:03 pm By Miklos Bolza

Class actions are the next battleground following Thursday’s Federal Court ruling that the government owes a duty of care to protect children from the risks of climate change, according to a number of legal experts.

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Silk Sue Chrysanthou must return brief in Christian Porter defamation case
Defamation 2021-05-27 5:02 pm By Cindy Cameronne

A judge has issued an injunction restraining barrister Sue Chrysanthou SC from acting for Christian Porter in his defamation case against the ABC.

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In ‘unusual’ damages claim, Nick Scali says Sparke Helmore should pay Allens fees
Intellectual Property 2021-05-27 3:32 pm By Christine Caulfield

Nick Scali is seeking damages against Sparke Helmore for alleged negligent advice in an intellectual property dispute.

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Court bars ex-Liberty Financial exec from jumping ship to competitor
Employment 2021-05-27 1:12 pm By Cat Fredenburgh

A judge has issued a temporary injunction barring a former manager from non-bank lender Liberty Financial from moving over to a unit of the Wingate Group, after hearing the company was “start-up facsimile” of Liberty which aimed to become a competitor in the future.

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Government owes duty of care to protect children from climate change, court rules
Energy & Natural Resources 2021-05-27 11:07 am By Miklos Bolza

The federal Minister for the Environment owes a duty of care to children who could suffer “catastrophic” harms from increased greenhouse gas emissions that would result from approving the expansion of Whitehaven’s Vickery coal mine, a judge has ruled.

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‘Very bad idea’: Barrister warned Chrysanthou about fallout if she took Porter brief
Defamation 2021-05-26 8:50 pm By Cindy Cameronne

A junior barrister expressed concerns to Sue Chrysanthou SC about her acting for Christian Porter in his defamation proceedings against the ABC, saying friends of the women who accused him of rape were ā€œbehaving like a cultā€ and that there could be fallout in the media, a court has heard.

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Ben Roberts-Smith wins bid to split his case in upcoming defamation trial
Defamation 2021-05-26 3:01 pm By Cat Fredenburgh

Ben Roberts-Smith has won approval to split his case at the upcoming trial in his defamation case against three publishers over articles accusing him of war crimes, with a judge saying the seriousness of the allegations against him weighed in favour of the unorthodox move.

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‘It is an expensive business’: Christian Porter says defamation suit will be ‘massive’ financial drain
Defamation 2021-05-26 12:23 pm By Cat Fredenburgh

Former attorney-general Christian Porter has dodged a question about whether his defamation lawsuit against the ABC and reporter Louise Milligan is being funded by third parties, saying he went into the litigation knowing the case would be a “massive drain” on his finances.

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