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Qantas tells High Court it can’t be liable for thwarting ground crew’s future rights
Employment 2023-01-23 10:24 pm By Sam Matthews

Qantas was entitled to take adverse action against ground crew to stave off the possibility of future industrial action, the airline has told the High Court in an appeal of a finding that it breached the Fair Work Act when it outsourced the crew’s work during the height of the COVID-19 pandemic.

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From $2.8M win to just $6,000, Microsoft’s case against computer retailer crashes to earth
Intellectual Property 2023-01-16 1:35 pm By Sam Matthews

Microsoft has won a pittance for copyright infringement but copped a “substantial costs order” in its six-year-old intellectual property suit against a Melbourne computer retailer over its Windows 7 software, which previously netted the Silicon Valley giant a $2.8 million payout from Judge Sandy Street that was slammed as a “regrettable” judicial failure.

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Applicant wants do-over in failed Zoetis horse vaccine class action
Appeals 2023-01-10 4:38 pm By Cat Fredenburgh

The applicant who lost a class action against animal health giant Zoetis over alleged side effects resulting from its Hendra virus horse vaccine has filed an appeal, arguing the judge should have found the vaccine was not of acceptable quality.

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‘Spurious’ arguments cost James Mawhinney in successful appeal of 20-year ban
Appeals 2022-12-22 11:10 pm By Christine Caulfield

The founder of investment group Mayfair 101 must foot half his costs of a successful appeal of a 20-year ban on fund raising because of the many “spurious” grounds of appeal he pressed.

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Shine stuck running Blue Sky, EY class action with rival firm
Securities 2022-12-19 5:32 pm By Cindy Cameronne

A law firm has lost its bid to challenge a court order that it join forces with a competing firm in an investor class action against Blue Sky Alternative Investments and auditor EY.

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High Court won’t hear appeal by payday lenders Cigno, BHF
High Court 2022-12-15 8:43 pm By Cat Fredenburgh

The High Court won’t hear an appeal by payday loan providers Cigna and BHF seeking to challenge a Full Court judgment that found they can’t dodge the obligations contained in the National Credit Code through their lending model.

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‘No duty to be decent and fair’: Allianz wins High Court appeal over cyclone damage claim
Insurance 2022-12-14 4:59 pm By Cindy Cameronne

Insurer Allianz has won its challenge to a decision forcing it to indemnify a north Queensland body corporate for cyclone damage despite non-disclosure of serious building defects, with the High Court finding insurers have no general duty to be “decent and fair”.

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High Court clarifies test for implied terms, says CoreLogic did not infringe photographer’s copyright
Intellectual Property 2022-12-14 5:56 pm By Sam Matthews

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.

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An ‘odd’ result: High Court told reputation can’t be ignored in Botox TM case
Intellectual Property 2022-12-08 4:30 pm By Cindy Cameronne

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.

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Battle to run Blue Sky, EY class action not over, as firm appeals order to team up with rival
Appeals 2022-12-08 10:55 pm By Christine Caulfield

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.

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