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High Court clarifies test for implied terms, says CoreLogic did not infringe photographer’s copyright
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.
An ‘odd’ result: High Court told reputation can’t be ignored in Botox TM case
A contradictor has argued that the High Court must consider the reputation of Botox maker Allergan’s trade marks in a cosmetic company’s challenge to a judgment finding it infringed the marks by marketing its topical creams as Botox alternatives.
Battle to run Blue Sky, EY class action not over, as firm appeals order to team up with rival
A law firm wants to challenge a court order that it play nice with a competing firm in a class action for investors against Blue Sky Alternative Investments and auditor EY.
High Court won’t hear appeal of security for costs order in Westconnex class action
The High Court has refused to hear an appeal of a decision forcing an unnamed litigation funder to provide $415,000 in security for the NSW government’s defence costs in a class action over the alleged fraudulent acquisition of land for construction of the $16 billion WestConnex tunnel.
High Court rejects Western Power appeal in bushfire class action
The High Court has unanimously dismissed Western Power’s challenge to a judgment which found the state-owned electricity supplier breached its duty of care to inspect power poles on private land and was partly liable for property damage from the 2014 Perth Hills bushfire.
Santos loses appeal over $4.7B Barossa offshore drilling project
Santos has lost its challenge to a judge's decision to revoke approval for its $4.7 billion offshore gas project because Tiwi Islanders were not properly consulted about the project.
JD Group wins partial appeal in couple’s case over $10M off-the-plan apartment
Developer JD Group has scored a partial win in its challenge to a damages award to a Melbourne couple over a “deliberately misleading” rendering of a $9.6 million apartment, with a judge saying the case showed the “inherent risk” in buying apartments off-the-plan.
‘Not innocent’: Boart Longyear can’t avoid tool recall in patent infringement spat
Mineral exploration company Boart Longyear has been granted leave to appeal a finding that it infringed a patent for a mining tool, but it can't avoid a recall of its tools, with a judge saying its actions were “not uninformed or innocent”.
Wife of billionaire developer challenges suppression order in $272M ATO case
The wife of a billionaire developer has lodged an appeal seeking to suppress the affidavits of a tax official in a $272 million proceeding brought by the Australian Taxation Office.
Insurer on hook for breast implant class action costs after High Court snub
Avant Insurance has lost its bid to challenge a ruling which put it on the hook for indemnifying a plastic surgeon in class action proceedings over allegedly botched breast augmentations at a defunct NSW clinic.