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ACCC must pay costs of NSW as ‘necessary and proper party’ in ports case
Competition & Consumer Protection 2021-09-02 3:03 pm By Miklos Bolza

A judge has ordered the ACCC to pay the State of NSW’s costs in its failed proceeding against NSW Ports, finding that even though the consumer watchdog did not initially sue the state government that it was a “necessary and proper” party to the case.

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Christian Porter wins bid to block media from using secret parts of ABC defence
Defamation 2021-08-31 10:41 am By Cindy Cameronne

Liberal MP Christian Porter has won his bid to block Nine and News Corp from using secret portions of ABC’s defence to his defamation allegations that the media giants accessed as intervenors in the former Attorney-General’s case.

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University of Sydney political lecturer wins appeal over swastika dismissal
Employment 2021-08-31 5:29 pm By Christine Caulfield

A former University of Sydney political economy lecturer who was fired for conduct that included showing students a slide of a Nazi swastika superimposed on the Israeli flag has won a challenge to a ruling tossing his unlawful termination case.

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Norton Rose Fulbright denies ‘evil intent’ as it fights to overturn ex-partner’s win
Employment 2021-08-27 6:10 pm By Miklos Bolza

Law firm Norton Rose Fulbright has rejected findings of dishonesty, deceit and abuse of process in seeking to overturn a $160,000 judgment against it, saying it had no “evil intent” in litigating a long-running dispute with former partner Thomas Martin.

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Norton Rose must face damages with ‘substantial sting’, ex-partner says
Employment 2021-08-26 7:24 pm By Miklos Bolza

A former Norton Rose Fulbright partner locked in a six-year legal battle with the firm has urged the Full Court to allow a $160,000 damages award in his favour to be recalculated, saying it did not provide enough “sting”, amounting to just $1,500 per partner.

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Full Court confirms no statutory liability for infringement by authorisation
Expert Insights 2021-08-25 3:11 pm By Editor

In a recent decision, the Full Federal Court confirmed that a trade mark owner who merely authorises use of its trade mark cannot be subject to liability for direct trade mark infringement under section 120(1) of the Trade Marks Act, writes Shelston IP’s Kathy Mytton and Sean McManis.

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Insurers want to stay COVID-19 insurance class actions
COVID-19 2021-08-24 4:26 pm By Bianca Hrovat

Insurers Lloyds Australia and QBE want class actions by policyholders who were denied business interruption coverage for COVID-related shutdowns stayed until a related test case in the Federal Court is decided.

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‘Completely off the track’: Judge got it wrong in deep sleep therapy case, Full Court told
Appeals 2021-08-23 9:17 pm By Christine Caulfield

A judge who dismissed a defamation case against HarperCollins by two psychiatrists who administered the controversial deep sleep therapy at Chelmsford Private Hospital in the 1970s was criticised Monday for her ‘presumptuous cynicism’.

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ATO wins appeal in Crown Resorts battle over GST on high roller junkets
Tax 2021-08-20 10:45 pm By Cat Fredenburgh

The Full Court has thrown out a victory by Crown Resorts in a $100 million dispute over GST assessments on commissions and rebates paid to tour operators that directed international VIP gamblers to two of its casinos.

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Christian Porter wants court to ‘protect his reputation’, Nine tells judge
Defamation 2021-08-18 4:21 pm By Cindy Cameronne

Liberal MP Christian Porter is effectively asking the court to “protect his reputation” by seeking to block Nine and NewsCorp from using secret portions of the ABC’s defence to his defamation allegations, Nine told a judge in opposing the move.

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