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The Fair Work Ombudsman has brought its first-ever court proceedings against a franchisor, alleging it is legally responsible for its franchisees’ underpayments of nine workers.
Melbourne craft brewery’s zero carb rival didn’t rip off IP, judge finds
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Melbourne craft beer producer Brick Lane Brewing has lost its lawsuit accusing three companies behind the zero carb Better Beer of ripping off its packaging in breach of the Australian Consumer Law.
Ashurst nabs two tax partners from Deloitte
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Ashurst has bolstered its Sydney tax practice with the addition of two senior taxation lawyers from Deloitte.
India can’t have trade mark for Basmati rice, IP Australia says
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The Indian government has lost a bid to register a trade mark for the word ‘Basmati’, after an IP Australia delegate found rice growers outside of India had an “equally valid claim” to use the term.
No dice: Crown denied patent for roulette game
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Crown Melbourne has lost a bid to patent a modified roulette game intended to bridge the gap between the European and American versions of the game, with IP Australia finding the invention does not constitute a manner of manufacture.
High Court guts peak indebtedness rule in loss for Gunns creditor
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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.
A2 Milk wins stay of NZ class action while shareholder case plays out in Victoria
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A2 Milk has succeeded in fending off a second shareholder class action in New Zealand for now, with New Zealand High Court finding that Australia is the more appropriate forum to hear the claims.
Full Court triples ‘manifestly inadequate’ penalty against Employsure
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The Australian Competition and Consumer Commission has won its appeal against Employsure over alleged misleading Google advertisements, with the Full Federal Court upping the penalty against the specialist workplace relations consultancy from $1 million to $3 million.
Uber wins strike-out application in test case over classification of drivers
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Uber has won a strike-out bid in a lawsuit by drivers challenging their classification as independent contractors, with a judge finding the pleading was “self-evidently, uncommonly and irretrievably deficient.”
Bushfire class action applicant dodges security for costs bid by wealthy SA family
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The family of late pastoralist Thomas Brinkworth can’t get security for costs from a landowner bringing a bushfire class action in South Australia, with a court ruling security was unnecessary under the class action rules in the state, which can bind all group members to an adverse costs order.