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ASIC wins High Court appeal over meaning of corporate ‘officer’
Appeals 2020-03-11 12:57 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has scored a victory before the High Court, with the court unanimously finding that the term “officer” under the Corporations Act is not limited to those that hold official positions within a company.

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Elaine Stead to push ahead with defamation case despite Nine’s ‘inadequate’ defence
Defamation 2020-03-10 5:34 pm By Miklos Bolza

Venture capitalist Elaine Stead is pushing forward with her defamation case against the Nine-owned Fairfax Media despite what she has called an “inadequate” third attempt at a defence by the publisher.

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Trivago appeals ruling it misled customers with hotel listings
Appeals 2020-03-10 12:53 pm By Cat Fredenburgh

Hotel booking aggregator Trivago has appealed a ruling that it misled consumers about its cheapest price promise by arranging listings according to payments it received instead of the hotel room price.

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Otsuka, Bristol-Myers can withdraw admissions in Abilify damages case
Intellectual Property 2020-03-02 4:05 pm By Cat Fredenburgh

A judge has granted a request by Otsuka and Bristol-Myers Squibbs to withdraw admissions in proceedings brought by Generic Health seeking damages, after the generic drug maker was temporarily blocked from selling a generic version of antipsychotic Abilify in a patent dispute in which it ultimately triumphed.

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BP worker fired over Hitler parody video to be reinstated after win on appeal
Employment 2020-02-28 4:50 pm By Miklos Bolza

A refinery worker sacked by BP over a parody Hitler video has won his job back after a Fair Work Commission appeals panel overturned a prior decision upholding his dismissal, finding that the clip he shared was not offensive or inappropriate.

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Ex-director can’t grill Corrs partner in $1M share dispute
Employment 2020-02-21 12:14 pm By Miklos Bolza

A former managing director of Australian civil infrastructure contractor WBHO Infrastructure and his firm have lost their bid to cross-examine the company’s instructing solicitor at Corrs Chambers Westgarth as part of a $1 million share dispute that followed his termination.

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Aussie designer did not object to Katy Perry’s use of her trade mark, court told
Intellectual Property 2020-02-20 4:50 pm By Miklos Bolza

Popstar Katy Perry has rejected claims of trade mark infringment by Sydney-based fashion designer Katie Perry, saying the designer “encouraged or acquiesced to” the singer’s use of her name on branded clothing sold in Australia.

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Caterpillar wins latest fight over ‘cat’ trade marks
Intellectual Property 2020-02-19 11:07 pm By Christine Caulfield

Caterpillar has scored a victory in one of several legal challenges the construction equipment manufacturer has launched to protect its ‘cat’ trade marks, successfully opposing the registration of the ‘ironcat’ mark for tyres and auto maintenance.

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Fairfax slammed for ‘very unhelpful’ defence in Elaine Stead defamation case
Defamation 2020-02-13 12:43 pm By Miklos Bolza

Nine-owned Fairfax Media has been sent back to the drawing board to redo what a judge called a “very unhelpful” defence to a defamation lawsuit brought by venture capitalist Elaine Stead over articles that appeared in the Australian Financial Review about her role in the collapse of fund manager Blue Sky Alternative Investments.

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Dick Smith class actions headed for March trial after mediation fails
Class Actions 2020-02-10 11:00 am By Cat Fredenburgh

Two shareholder class actions against failed electronics retailer Dick Smith will head to trial in March, after a failed attempt to resolve the long-running dispute in mediation.

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