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The Agency Group loses trade mark fight with real estate rival
Intellectual Property 2024-01-24 3:03 pm By Cindy Cameronne

Sydney real estate group The Agency has lost an appeal in its trade mark case against a rival, with the Full Federal Court upholding a finding that the company would have an “unwarranted monopoly” if other businesses were barred from using the descriptive words in its name.

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PepsiCo appeals loss in case over royalty withholding tax
Tax 2024-01-22 3:50 pm By Christine Caulfield

US drink giant PepsiCo has lodged an appeal of a court win for the Australian Taxation Office over payments made by Schweppes under a distribution agreement that were found to be subject to royalty withholding tax.

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Referee who accused NRL of bullying loses unfair dismissal suit
Employment 2024-01-18 4:48 pm By Cindy Cameronne

A former National Rugby League referee has lost his unfair dismissal lawsuit alleging he suffered bullying and victimisation, with a judge finding the league did not terminate his employment but “acted passively” in letting his contract term end.

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Funder of failed IP case can’t dodge indemnity costs
Intellectual Property 2024-01-18 5:26 pm By Cindy Cameronne

A litigation funder must pay indemnity costs to CoreLogic after bankrolling a photographer’s unsuccessful copyright claim against the property data analytics company, with an appeals court finding it pursued the litigation for its own personal gain.

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High Court asked to rule on self-repped firms’ costs for employed solicitors
Business of Law 2024-01-15 10:35 pm By Cindy Cameronne

A former Atanaskovic Hartnell client is seeking special leave to challenge a judgment from the NSW Court of Appeal that found self-represented law firms can recover costs for work done by their own solicitors, urging the High Court to intervene to clarify a judgment eliminating the so-called Chorley exception.

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High Court challenge filed in class action against Ford over PowerShift transmissions
High Court 2024-01-11 10:40 pm By Cindy Cameronne

The High Court has been asked to hear another case dealing with how reduction in value damages should be calculated under the Australian Consumer Law, with Ford arguing its appeal should be heard alongside two appeals in a class action against Toyota which the High Court has already agreed to take up.

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Australia Post unit wins injunction in passing off case against former biz partner
Competition & Consumer Protection 2024-01-09 8:45 pm By Cindy Cameronne

Australia Post unit StarTrack has won an injunction barring postal product manufacturer TMA Australia from using a website URL containing the words ‘StarTrack’, with the Full Court finding a judge wrongly held the case was ‘weak’.

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Star battles ATO over $5M in junket taxes
Tax 2024-01-09 10:09 pm By Cindy Cameronne

The Star is challenging a finding from the commissioner of taxation that the casino giant owes $5.3 million on payments made to junket operators, arguing the payments were not ‘payments for operating or promoting a junket’. 

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Ruby Princess class action heads to Full Court after plaintiff wins no damages
Appeals 2024-01-08 10:06 pm By Cat Fredenburgh

The lead applicant in a class action against Carnival PLC over a COVID-19 outbreak aboard its Ruby Princess cruise ship has lodged an appeal after she won her negligence case but walked away with only out-of-pocket expenses totaling $4,000.

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ASIC can’t undo stay of disciplinary case against iSignthis auditor
Appeals 2024-01-08 11:59 pm By Cindy Cameronne

The Australian Securities and Investments Commission has lost its bid to pursue a disciplinary case against former Grant Thornton director Bradley Taylor over his 2018 audit of fintech firm iSignThis while criminal proceedings are ongoing.

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