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Biggin & Scott infringed copyright by copying source code, Full Court finds
Appeals 2022-07-07 4:52 pm By Christine Caulfield

Real estate marketing platform Campaigntrack has won an appeal of a ruling in an important copyright case over its cloud-based software that accused real estate agency group Biggin & Scott of authorising reproduction of the software’s source code.

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Dow’s vapor-drift fighting herbicide patent not new, IP Australia finds in win for Nufarm 
Agriculture 2022-07-07 4:41 pm By Christine Caulfield

Nufarm Australia has successfully challenged a herbicide patent application by Dow Agrosciences’ successor on the grounds that the invention – aimed at limiting the worldwide problem of vapor drift – is neither new nor innovative.

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Tolga Kumova’s tweets ‘clearly apt to mislead’, judge says
Barry Dean 2022-07-06 7:49 pm By Cindy Cameronne

A judge overseeing a defamation case brought by Tolga Kumova against Twitter personality Stock Swami has said tweets the mining investor published which allegedly spruiked shares in which he invested were “clearly apt to mislead”.

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Christian Porter reps Mick Gatto in High Court appeal of ABC victory
ABC 2022-07-06 11:48 pm By Cat Fredenburgh

Former attorney-general Christian Porter has joined the legal team of underworld figure Mick Gatto in his High Court bid to revive defamation claims against the ABC over an article he said accused him of threatening to kill gangland lawyer Nicola Gobbo.

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Zeller locked in trade mark battle with finfluencer Victoria Devine
Financial Services 2022-07-06 11:45 pm By Cat Fredenburgh

Fintech startup Zeller Technologies has taken millennial financial adviser Victoria Devine to court after she succeeded in quashing its application to trade mark the word ‘Zeller’.

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Zurich rails against ‘exorbitant exercise’ of power in NZ apartment class action
Andrew Bell 2022-07-06 7:31 pm By Sam Matthews

Irish insurer Zurich Insurance has appealed a judge’s finding that a class action filed against it in the NSW Supreme Court over a defective New Zealand apartment block could go ahead, arguing the finding was the result of federal overreach.

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Judge frowns on survey to determine CBA’s liability in rest break case
Class Actions 2022-07-06 5:03 pm By Cindy Cameronne

A judge has questioned the Finance Sector Union’s idea to use a survey to gather evidence about 3,000 employees who claim the Commonwealth Bank of Australia failed to provide them with paid rest breaks for at least six years.

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Virgin moves to throw out ‘unintelligible’ lawsuit over COVID-19 jab mandate
Ashurst 2022-07-06 3:22 pm By Cindy Cameronne

Virgin Australia will seek to throw out a case brought by former employees over a COVID-19 vaccine mandate, which a lawyer for Qantas and Jetstar, which are also named in the suit, said “breaks every pleading rule”.

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No smoking gun, but Stock Swami likely to face contempt charge
Barry Dean 2022-07-05 4:56 pm By Cindy Cameronne

Mining investor Tolga Kumova is “likely” to go after Twitter personality Stock Swami for contempt of court after he admitted he lied and withheld evidence in a defamation case, despite a judge saying there was “no smoking gun”.

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BSA can ringfence $13M capital raising from $20M class action payout
Class Actions 2022-07-05 6:14 pm By Sam Matthews

Telco contractor BSA has won a bid to ringfence a $13 million capital raising from a $20 million settlement reached with group members in a Shine Lawyers-led class action accusing the company of misclassifying its workforce of technicians as independent contractors.

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