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Trade mark reputation not relevant in deceptive similarity cases, High Court rules
Intellectual Property 2023-03-15 3:08 pm By Christine Caulfield

The reputation of a registered trade mark and its owner is not relevant in assessing the deceptive similarity of a challenged mark, the High Court has found, clarifying the test for infringement under a section of the Trade Marks Act.

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Hotel’s compliance with COVID-19 orders didn’t doom $11.25M sale: High Court
High Court 2023-03-08 4:53 pm By Sam Matthews

The High Court has ruled that the buyer of a well-known Sydney hotel was not entitled to repudiate the purchase agreement because of the hotel’s compliance with restrictions on public gatherings during the COVID-19 pandemic, which affected the operation of the business.

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High Court revokes special leave in Facebook’s challenge to data breach case
Privacy & Cybersecurity 2023-03-07 11:33 pm By Christine Caulfield

The High Court has revoked special leave to Facebook to challenge a case by the privacy commissioner, finding that the social media giant’s grounds of appeal no longer involved issues of public importance.

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Sunwater asks High Court to hear floods class action coverage spat
Class Actions 2023-02-21 11:20 pm By Christine Caulfield

Dam services provider Sunwater has asked the High Court to take its side in a dispute over insurance coverage for a $440 million class action settlement with victims of the 2010-2011 floods in Queensland.

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Workers’ rights at mercy of employers if Qantas wins in High Court, says TWU
Employment 2023-02-21 4:27 pm By Cindy Cameronne

The Transport Workers Union has predicted wide-reaching consequences for workplace rights if Qantas succeeds in its High Court appeal of a finding that it breached the Fair Work Act when it outsourced ground crew work during the height of the COVID-19 pandemic.

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Mitsubishi wins High Court leave in case over ‘misleading’ fuel economy label
Appeals 2023-02-17 10:03 pm By Cat Fredenburgh

The High Court has agreed to weigh in on whether Mitsubishi can be sued over allegedly misleading fuel efficiency representations on a label affixed to the windshield of a Triton 4WD that was required by law.

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High Court to hear appeal over liability for developer’s source code theft
High Court 2023-02-17 11:29 pm By Cat Fredenburgh

The High Court will hear an appeal over whether real estate agent Biggin & Scott should be held liable for copyright infringement for its supposed “indifference” to the copying of real estate marketing platform Campaigntrack’s source code by a developer.

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High Court won’t hear HarperCollins’ deep sleep defamation appeal
High Court 2023-02-17 11:02 pm By Cat Fredenburgh

The High Court has declined HarperCollins’ special leave application seeking to appeal a decision that revived a psychiatrist’s defamation case over a book about the controversial deep sleep therapy at the Chelmsford Private Hospital in the 1970s.

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Unions win High Court challenge to NSW campaign spending limits
High Court 2023-02-15 10:23 pm By Cindy Cameronne

The High Court has thrown out laws that banned unions and other third parties from spending more than $20,000 on political campaigns ahead of a New South Wales state election in March.

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High Court guts peak indebtedness rule in loss for Gunns creditor
High Court 2023-02-08 4:23 pm By Cindy Cameronne

Liquidators for collapsed forestry giant Gunns Plantations have lost a High Court appeal over $1.2 million in payments to a former supplier that confirmed the so-called peak indebtedness rule does not apply in Australian insolvency law.

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