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High Court to weigh in on relevance of reputation in passing off claims
Intellectual Property 2025-04-04 3:36 pm By Cat Fredenburgh

The High Court will weigh in on the relevance of reputation in passing off claims, taking up an appeal by Bed Bath N’ Table of a finding that rival retailer House did not engage in misleading and deceptive conduct in setting up its Bed & Bath stores.

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High Court won’t take up Hytera appeal of ‘industrial theft’ ruling
Intellectual Property 2025-04-04 4:22 pm By Cat Fredenburgh

The High Court has declined to hear radio manufacturer Hytera’s appeal of a finding that it misappropriated Motorola’s source code in a case of “substantial industrial theft”. 

ATO, PepsiCo face off in High Court fight over royalty withholding tax
Tax 2025-04-03 11:03 pm By Andy Sidler

Payments by bottler Schweppes Australia to US drink giant PepsiCo should be assessed as royalty income under tax law, the ATO has told the High Court in a high-stakes case.

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ACCC loses High Court appeal in CFMEU boycott case
High Court 2025-04-02 11:57 am By Sam Matthews

In a loss for the ACCC, the High Court has found builder J Hutchinson did not arrive at an anti-competitive understanding with the CFMEU merely by yielding to a threat of industrial action.

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Zip hopes High Court buys honest concurrent use defence in high-stakes trade mark suit
Intellectual Property 2025-04-02 11:01 am By Cat Fredenburgh

Buy now, pay later giant Zip will ask the High Court to throw out a ruling that found it infringed mortgage provider Firstmac’s ‘Zip’ trade mark and barred it from using the name in Australia.

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Silk with class action, competition law chops appointed to NSW Court of Appeal
Courts 2025-04-02 3:28 pm By Cindy Cameronne

A Sydney silk who has worked on several car defect class actions and represented Apple over claims it engaged in anti-competitive conduct in the app marketplace has been appointed to the NSW Court of Appeal. 

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Construction PRO
Transport for NSW can’t get High Court to clarify scope of land acquisition law
Transportation & Infrastructure 2025-04-03 11:32 pm By Christine Caulfield

The High Court has refused special leave to Transport for NSW to weigh in on a dispute over the value of land acquired near the Western Sydney Airport.

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Use AI responsibly, says Federal Court’s top judge
Courts 2025-03-28 3:35 pm By Sam Matthews

The Federal Court’s Chief Justice has flagged a consultation process ahead of finalising a position on the use of artificial intelligence, telling lawyers to use it “in a responsible way” in the meantime.

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COVID-19 quarantine class action should be tossed for ‘fabricated jurisdiction’, court told
Class Actions 2025-03-27 5:10 pm By Cindy Cameronne

The NT government says a class action by the family of an Indigenous woman who died at a COVID-19 quarantine facility had no business in the Federal Court.

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Major data breach hits NSW courts portal, thousands of files downloaded
Privacy & Cybersecurity 2025-03-26 11:05 pm By Christine Caulfield

Cybercrime detectives are probing a major data breach of the NSW online court system, which exposed thousands of sensitive court files.

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