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In loss for Haymarket builder, appeals court says new defect claims not new cause of action
Appeals 2023-04-17 10:25 pm By Sam Matthews

The builder of an allegedly defective Haymarket apartment building has lost an appeal of a decision which found that separate breaches of statutory building warranties do not create individual causes of action.

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‘Diligent’ silk not negligent in advice on lawsuit, judge says
Professional Negligence 2023-04-05 12:53 pm By Sam Matthews

A solicitor and a Sydney silk have been cleared of allegations they gave negligent advice in an action against a law firm, with a judge finding the barrister was “diligent, thorough, careful and ethical”.

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Full Court finds ACCC misstepped by not bringing ‘major failures’ case against Mazda
Appeals 2023-03-23 3:18 pm By Cindy Cameronne

The Australian Competition and Consumer Commission and Mazda have both lost their appeals in a case over the car manufacturer’s ‘appalling’ customer service, with three judges questioning the regulator’s decisions in how it ran the case.

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High Court to hear appeal over liability for developer’s source code theft
High Court 2023-02-17 11:29 pm By Cat Fredenburgh

The High Court will hear an appeal over whether real estate agent Biggin & Scott should be held liable for copyright infringement for its supposed “indifference” to the copying of real estate marketing platform Campaigntrack’s source code by a developer.

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Sportsbet wins anti-suit injunction against US case by sportsbet.com owner
Gaming 2023-01-12 11:49 am By Sam Matthews

Sportsbet has won an injunction preventing the owner of the sportsbet.com domain from prosecuting an action in the US, which a judge said sought to interfere with an Australian domain name battle “in the most stark fashion.”

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High Court clarifies test for implied terms, says CoreLogic did not infringe photographer’s copyright
Intellectual Property 2022-12-14 5:56 pm By Sam Matthews

The High Court has found that property data analytics firm CoreLogic did not infringe a real estate photographer’s copyright by uploading images from realestate.com.au to its platform, overturning a decision of the Full Federal Court.

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Corelogic again seeks to block copyright case over data scraping
Intellectual Property 2022-12-02 1:24 pm By Sam Matthews

Property data analytics firm CoreLogic is taking aim again at a lawsuit accusing it of unauthorised scraping of confidential information from building information provider BCI Media’s copyright-protected leads platform, months after a judge found the case was “defective and deficient”.

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Directed Electronics wins suit over ‘reprehensible’ theft by ex-manager
Intellectual Property 2022-11-25 10:42 pm By Sam Matthews

Automotive electronics company Directed Electronics has largely prevailed in a five-year-old lawsuit alleging a former manager misappropriated company information and reaped $3.6 million in commissions through a secret side agreement with South Korean giant Hanhwa.

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Freezing order stands in Sportsbet’s domain name spat with owner of sportsbet.com
Intellectual Property 2022-11-21 5:39 pm By Cindy Cameronne

Bookmaker Sportsbet has defeated a bid to overturn a freezing order against the owner of the sportsbet.com domain name in a trade mark infringement dispute stemming from a promotion agreement.

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Corelogic wins bid to nix copyright infringement case over data scraping
Intellectual Property 2022-09-26 4:49 pm By Cindy Cameronne

A judge has struck out claims accusing Corelogic of unauthorised scraping of confidential information from building information provider BCI Media’s copyright-protected leads platform, finding the case was “defective and deficient in many respects”.

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