Most Recent
High Court to weigh in on relevance of reputation in passing off claims
Intellectual Property 2025-04-04 3:36 pm By Cat Fredenburgh

The High Court will weigh in on the relevance of reputation in passing off claims, taking up an appeal by Bed Bath N’ Table of a finding that rival retailer House did not engage in misleading and deceptive conduct in setting up its Bed & Bath stores.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

High Court won’t take up Hytera appeal of ‘industrial theft’ ruling
Intellectual Property 2025-04-04 4:22 pm By Cat Fredenburgh

The High Court has declined to hear radio manufacturer Hytera’s appeal of a finding that it misappropriated Motorola’s source code in a case of “substantial industrial theft”. 

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

ATO, PepsiCo face off in High Court fight over royalty withholding tax
Tax 2025-04-03 11:03 pm By Andy Sidler

Payments by bottler Schweppes Australia to US drink giant PepsiCo should be assessed as royalty income under tax law, the ATO has told the High Court in a high-stakes case.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

ACCC loses High Court appeal in CFMEU boycott case
High Court 2025-04-02 11:57 am By Sam Matthews

In a loss for the ACCC, the High Court has found builder J Hutchinson did not arrive at an anti-competitive understanding with the CFMEU merely by yielding to a threat of industrial action.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

Zip hopes High Court buys honest concurrent use defence in high-stakes trade mark suit
Intellectual Property 2025-04-02 11:01 am By Cat Fredenburgh

Buy now, pay later giant Zip will ask the High Court to throw out a ruling that found it infringed mortgage provider Firstmac’s ‘Zip’ trade mark and barred it from using the name in Australia.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

Construction PRO
Transport for NSW can’t get High Court to clarify scope of land acquisition law
Transportation & Infrastructure 2025-04-03 11:32 pm By Christine Caulfield

The High Court has refused special leave to Transport for NSW to weigh in on a dispute over the value of land acquired near the Western Sydney Airport.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

Construction PRO
Landmark High Court ruling won’t open floodgates to native title compensation claims
Analysis 2025-03-25 11:02 pm By Sam Matthews

A recent High Court decision which found the federal government must compensate Indigenous people in the Northern Territory over past mining operations has significant implications for the government’s liability to pay up for historical acts affecting native title, but experts say the decision is unlikely to unleash a torrent of similar claims.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

High Court asked to overturn landmark tax ruling
Tax 2025-03-19 4:35 pm By Cat Fredenburgh

The Tax Office has asked the High Court to reverse a landmark ruling that found an unpaid present entitlement to a corporate beneficiary is not a loan under tax law, a decision that affects $50 billion in trust distributions.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

Class action ruling shows a friendlier High Court, but not that friendly
Analysis 2025-03-18 11:55 pm By Christine Caulfield

Last week’s High Court ruling that a contingency fee order weighed against transferring a class action against KPMG shows the bench has changed in the five years since it held that the interests of justice aren’t concerned by whether a case can survive.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?

High Court must solve honest concurrent user ‘conundrum’, Cantarella says in ‘Oro’ appeal
Appeals 2025-03-17 5:51 pm By Cat Fredenburgh

Vittoria Cantarella has taken the fight to revive its ‘Oro’ trade marks to the High Court, arguing the Full Court should have found it was an honest concurrent user of the marks, which were first used by another coffee maker.

Subscribe to Lawyerly to access this article.

Already a subscriber?

Lost your password?