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Aristocrat judge got it right in patent analysis for computer-implemented inventions, Full Court told
Intellectual Property 2021-08-11 9:32 pm By Christine Caulfield

The right approach to determining patentability of a computer-implemented invention is to first assess whether it is more than a mere scheme or business method, the Full Federal Court has been told in an appeal of a ruling backing IP Australia’s revocation of two patents by plumbing company Repipe.

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Court tosses lawyer’s claim for greater damages in ‘Centrelink cheat’ case against Seven
Defamation 2021-08-11 6:22 pm By Bianca Hrovat

An Adelaide lawyer who won a long-running defamation battle over a Today Tonight story that described her as a “Centrelink cheat” has lost her bid for a bigger payout after a court found there was no misapprehension of fact or law in its determination of damages.

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Apple asks High Court to undo ‘radical’ Epic Games decision
High Court 2021-08-10 3:10 pm By Cat Fredenburgh

The Full Federal Court took a “radical” and unorthodox approach with far-reaching consequences by keeping Apple’s competition dispute with Fortnite game maker Epic Games in Australia, the Silicon Valley giant has told the High Court.

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Energy Beverages files ‘Mother’ of an appeal against trade mark decision
Intellectual Property 2021-08-09 10:29 pm By Bianca Hrovat

A high-energy trade mark dispute has gone to the Federal Court after the maker of Mother energy drinks lost its bid before IP Australia to prevent a Victoria-based company from registering Kangaroo Mother as a trade mark for beverages.

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TechnologyOne wins challenge to $5.2M judgment in exec’s unfair dismissal case
Employment 2021-08-05 9:29 pm By Miklos Bolza

Australian software company TechnologyOne has succeeded in its challenge to a $5.2 million judgment in an unfair dismissal case by a former high ranking executive, with an appeals court sending the matter back for a retrial.

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High Court deals crushing defeat to casual workers
Employment 2021-08-04 10:51 am By Miklos Bolza

The High Court has found casual employees who work regular shifts are not entitled to paid annual, personal and compassionate leave under the Fair Work Act, putting the fate of seven class actions by casual miners in question.

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Bartier Perry gave client ‘dangerously incomplete’ legal advice, appeals court says
Business of Law 2021-08-03 10:43 pm By Bianca Hrovat

An appeals court has upheld a ruling that Sydney law firm Bartier Perry failed to adequately advise a lawyer about his rights under a partnership agreement, but trimmed a $1.4 million damages award against the firm.

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Squire Patton Boggs breached agreement, but not ‘grossly negligent’, court finds
Appeals 2021-07-30 4:39 pm By Miklos Bolza

An appeals court has found law firm Squire Patton Boggs breached its contractual obligations but was not grossly negligent after it was dragged into a financial dispute over the $12.5 million refurbishment of a Western Australian gold processing plant.

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ACCC appeals ruling throwing out ‘fanciful’ NSW Ports competition case
Competition & Consumer Protection 2021-07-27 7:05 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has appealed a judge’s decision throwing out its competition case over an agreement for the privatisation of two NSW ports, calling the case “a matter of significance for the Australian economy”.

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a2 Milk urges court to register ‘slightly mysterious’ trade marks
Intellectual Property 2021-07-27 5:00 pm By Miklos Bolza

The a2 Milk Company has urged the Federal Court to allow its ‘a2 Milk’ and ‘True a2’ trade marks to be registered, arguing they’re not merely descriptive of a protein in milk.

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