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Judge was wrong to find breach worker didn’t allege, court hears
Heiko Constructions has won approval to appeal a ruling from Federal Circuit Court Judge Salvatore Vasta that found the company committed a breach of the Fair Work Act that was not pleaded by the former employee who brought the case.
ACCC can’t stop Garuda appeal despite unpaid $19M penalty
The ACCC has lost its bid to stay a cartel appeal by Indonesian airline PT Garuda, with a judge finding the competition watchdog had not shown the airline acted in contempt of court by failing to pay a $19 million fine.
Full Court deals another blow to software patents in Rokt case
The Full Federal Court has rejected a patent application for a digital advertising system by e-commerce firm Rokt in a test case by IP Australia that comes as a blow to the patentability of computer software in Australia.
Kraft takes trade dress battle with Bega to High Court
US food giant Kraft-Heinz wants the High Court to hear its intellectual property stoush with Bega after twice losing the battle over the right to use its peanut butter trade dress in Australia.
Full Court to hear Cigno challenge to ASIC ban on short-term credit lending
Cigno has appealed a ruling shooting down its challenge to the first action brought by ASIC under its powers to prohibit 'predatory' financial products, which targeted the payday lender's model of short-term credit lending.
Businessman Kia Silverbrook can’t overturn $9.3M penalty for unpaid PAYG tax
An appeals court has dismissed a challenge by businessman and prolific inventor Kia Silverbrook to a finding that he was jointly liable to pay a $9.3 million penalty notice issued by the ATO for unpaid Pay As You Go tax.
J&J won’t ask judge to recuse himself from pelvic mesh appeal
Medical device giant Johnson & Johnson has confirmed it will not seek the recusal of a Federal Court judge from a panel overseeing its pelvic mesh class action appeal, despite earlier raising concerns that he had seen privileged settlement communications.
Essential Energy fights to block discovery for potential Tathra bushfire class action
Power distributor Essential Energy has appealed a judgment granting preliminary discovery to landowners to pursue a potential class action over the 2018 Tathra bushfire.
Judges pan lawyers for ‘disgraceful’ treatment of family shut out of Malaysia Airlines class action
The Full Federal Court has slammed as "disgraceful" the handling of a class action claim by the family of an Australian national who was killed aboard Malaysia Airlines flight MH17, as the family appeals a decision that blocked them from participating in the settlement of the proceedings.
Sports betting companies lose challenge to $3.8M judgment
An appeals court has dealt Classic Bet and Best Bet a loss in their challenge to a $3.8 million judgment in a contractual dispute related to the $5.95 million acquisition of the sports gambling companies by Playup in 2018.