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$150M bushfire class action filed against SA Power Networks
Class Actions 2021-03-11 1:56 pm By Cat Fredenburgh

A $150 million class action has been launched against South Australian power company SA Power Networks over the December 2019 Cudlee Creek bushfire, which destroyed over 96 homes in the state and led to one death.

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Peloton files lawsuit over rival’s ‘spinning’ trade mark ahead of launch in Australia
Intellectual Property 2021-03-11 1:19 pm By Cat Fredenburgh

The company behind the Peloton interactive exercise bike, which has amassed a cult following in the US during the coronavirus pandemic, has taken legal action against a California-based fitness company seeking the removal of its ‘spinning’ trade mark ahead of Peloton’s planned launch in Australia.

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Katy Perry ‘cannot avoid discovery process’ in trade mark dispute, court told
Intellectual Property 2021-03-11 11:49 am By Cindy Cameronne

A fight is brewing over allegedly deficient discovery provided by pop star Katy Perry in her trade mark dispute with Sydney fashion designer Katie Perry, with a judge hearing that text messages from the singer’s phone that may be relevant to the case have not been handed over.  

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Epic Games brings competition case against Google over in-app purchases
Competition & Consumer Protection 2021-03-10 10:31 pm By Cindy Cameronne

Fortnite developer Epic Games has filed a lawsuit against Google for alleged anti-competitive conduct and misuse of market power, after launching a similar claim against Apple in November.

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5 takeaways from High Court’s ruling on class action beauty parades
Analysis 2021-03-10 10:02 pm By Christine Caulfield

Lawyers and experts welcomed the High Court’s ruling Wednesday, which approved a class action beauty parade approach to dealing with competing proceedings and provided guidance as to how judges might otherwise manage the problem of duplicative cases. Here, Lawyerly outlines the important things to take away from the majority’s judgment.

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Can artificial intelligence be named inventor of a patent? Federal Court to rule
Intellectual Property 2021-03-10 5:48 pm By Miklos Bolza

The Federal Court is set to determine whether artificial intelligence can be the inventor of a patent, after an AI pioneer filed a challenge to an IP Australia finding that allowing a machine to be considered an inventor would render the Patents Act incapable of “sensible operation”.

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ATO wins High Court appeal against Travelex over mistaken $149,000 tax surplus
Tax 2021-03-10 3:45 pm By Miklos Bolza

The High Court has ruled that the tax office was not obliged to refund money for tax surpluses mistakenly issued under the GST Act, in a long-running legal dispute between the Commissioner of Taxation and foreign currency exchange Travelex.

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Sparke Helmore’s ‘escalating legal costs’ made Nick Scali switch to Allens, court told
Business of Law 2021-03-10 2:54 pm By Miklos Bolza

Law firm Sparke Helmore has been accused of failing to heed concerns from client Nick Scali about “escalating legal costs” in an intellectual property lawsuit, leaving the furniture retailer with “no choice” but to switch law firms.

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ACCC takes swipe at Visa over interchange fees on debit card payments
Competition & Consumer Protection 2021-03-10 1:25 pm By Christine Caulfield

The ACCC has secured a court-enforceable agreement from Visa that it will not tie cheap interchange rates for large retailers to their use of the Visa network for processing debit card payments, after the regulator raised concerns the credit card giant may have engaged in anti-competitive conduct.

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High Court says ‘no one size fits all’ when it comes to competing class actions
Class Actions 2021-03-10 10:18 am By Christine Caulfield

Judges have power to manage competing class actions by picking a winner in a so-called beauty parade, the High Court has ruled, but there is no one size fits all approach to the decision, and the law firm that files first is not guaranteed the coveted prize.

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