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Google wants say on whether Epic battle with Apple should be heard in Australia
ACCC 2021-05-12 3:43 pm By Cat Fredenburgh Melbourne

Internet search giant Google wants to weigh in on an appeal over whether Epic Games’ lawsuit accusing Apple of abusing its dominance in the app store marketplace should be heard in Australia, as the ACCC wins its bid to intervene in the case.

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Law firm fights ruling in pay feud with its most successful fee earner
Appeals 2021-05-11 11:48 pm By Christine Caulfield

A Melbourne law firm is appealing a ruling that it owes more than $184,000 to a former junior lawyer who earned hundreds of thousands of dollars per year under a lucrative pay structure.

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Appeals court clarifies peak indebtedness rule in partial win for Gunns creditor
Agriculture 2021-05-11 12:57 pm By Miklos Bolza Sydney

An unsecured creditor of collapsed forestry giant Gunns Group has partially succeeded on appeal of a judgment that ordered repayment of $2 million that Gunns had transferred in 2021 despite trading while insolvent.

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Quintis class action settlement to drag on with insurers’ appeal
Alexander Edwards 2021-05-10 5:03 pm By Cat Fredenburgh Melbourne

Two insurers have appealed a ruling that could provide a further $11.25 million to group members in a class action against sandalwood producer Quintis, further delaying finalisation of a settlement reached in the group proceeding over a year ago.

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Corner Hotel appeals loss in trade mark fight with jazz club
Appeals 2021-05-07 12:41 pm By Cat Fredenburgh Melbourne

The Corner Hotel is taking another stab at cancelling a rival club’s ‘jazz corner’ and ‘jazz corner hotel trade marks’, after a judge found the marks did not infringe  the famed Richmond pub’s ‘corner’ trade marks.

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Fuchs wins ruling invalidating Quakers’ mining patents
Andrew Fox 2021-05-06 10:08 am By Miklos Bolza Sydney

The Australian arm of Fuchs Lubricants has succeeded in invalidating two patents owned by Quakers Chemicals, with the Full Federal Court finding the inventions were not novel because Quakers had tested them in public prior to applying for registration with IP Australia.

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Futura Resources unit loses appeal of R&D tax offsets over coking coal project
Andrew Bailey 2021-05-03 12:06 pm By Miklos Bolza Sydney

A unit of coal mining company Futura Resources has failed to convince the Full Federal Court to allow it to register a 2012 coking coal mine investigation conducted in Central Queensland for a research and development tax offset.

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Divided appeals court says judge’s grilling of expert witness ‘quite involved’ but not excessive
Acting Justice Carolyn Simpson 2021-04-29 5:02 pm By Christine Caulfield Melbourne

An appeals court has split on whether a judge’s grilling of an expert witness in a personal injury case was appropriate, with the dissenting judge saying the questioning — which took up more than two-thirds of the cross examination — was excesssive, and hostile in parts.

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Tatts takes ATO to court for rejecting $393M tax deduction
Appeals 2021-04-26 11:47 am By Miklos Bolza Sydney

Tabcorp-owned Tatts Group has launched legal proceedings against the Australian Taxation Office seeking to set aside an “excessive” decision barring over $393 million in tax deductions for 2013 when the company was master agent of SA Lotteries.

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NAB class action over MySuper put on ice as invalidity ruling challenged
Allens 2021-04-22 10:35 pm By Christine Caulfield Melbourne

A Federal Court class action against two NAB units over $6.3 billion in super funds is on hold after lawyers for the applicant filed an appeal of a ruling that found their state court proceeding had been invalidly commenced.

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