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Kraft can stay in peanut butter game while it appeals trade dress loss to Bega
Addisons 2019-06-17 9:56 pm By Cat Fredenburgh Melbourne

The judge overseeing a dispute between Kraft and Bega over peanut butter trade dress rights has stayed orders barring Kraft from selling peanut butter in Australia featuring the disputed trade dress while it appeals its loss to Bega in the case.

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AIG loses appeal over insolvency exclusion in Kaboko Mining D&O policy
Appeals 2019-06-14 9:13 pm By Cat Fredenburgh Melbourne

AIG Australia has failed to convince the Full Federal Court that an insolvency exclusion in a directors and officers policy held by Kaboko Mining should exempt it from covering claims brought by the collapsed mining company against four former executives after a failure to repay a US$5.95 million loan allegedly led to the company’s insolvency.

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Commonwealth planning High Court appeal of Navy class action revival
Appeals 2019-06-14 1:44 pm By Miklos Bolza Sydney

The Commonwealth of Australia is preparing a special leave application to the High Court challenging a NSW Court of Appeal decision reviving a class action brought on behalf of sailors over an allegedly broken Navy training promise.

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ASIC narrowly loses High Court appeal in outback book-up case
Appeals 2019-06-12 8:53 pm By Miklos Bolza Sydney

The Australian Securities and Investments Commission has narrowly lost its High Court appeal of a ruling that found the owner of a South Australian outback general store had not acted unconscionably by selling used cars through a “book-up” system.

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Kraft, Bega to go another round in epic peanut butter trade dress battle
Addisons 2019-06-06 9:13 pm By Cat Fredenburgh Melbourne

The long-running dispute between Kraft Foods and Bega over who owns the rights to use the signature Kraft peanut butter trade dress in Australia is not over, with Kraft appealing a ruling that found Bega had acquired the rights to the trade dress when it purchased Kraft unit Mondelez’s Australian and New Zealand business in 2017.

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Judges shoot down last-minute bid to amend Adani native title appeal
Appeals 2019-06-05 12:12 pm By Amelia Birnie Sydney

A group of Indigenous Australians opposed to Adani’s Carmichael coal mine in Queensland have lost an eleventh hour bid to add extra grounds to their native title appeal, as they wait for a decision from the Full Federal Court.

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Novartis appeals IP Australia decision invalidating MS drug patent
Appeals 2019-06-03 4:11 pm By Cat Fredenburgh Melbourne

Novartis has launched an appeal following a ruling by IP Australia that a proposed patent for an oral form of its top-selling multiple sclerosis drug Gilenya is invalid for lack of inventive step.

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Class action by sailors over broken Navy training contract revived on appeal
Appeals 2019-05-31 11:55 pm By Christine Caulfield Melbourne

An appeals court has overturned a decision dismissing a class action on behalf of enlisted Navy sailors alleging the Commonwealth of Australian breached a contract to train them to earn engineering degrees.

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Maurice Blackburn gets second shot at pursuing class action against BHP
Appeals 2019-05-28 9:18 pm By Christine Caulfield Melbourne

Maurice Blackburn has partly prevailed in an appeal of a judge’s decision to put the brakes on its shareholder class action against BHP while greenlighting a competing case brought by Phi Finney McDonald, with an appeals court ordering the rival law firms to negotiate a deal to consolidate their litigation.

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Appeals court in BHP class action battle questions superiority of no win, no fee model
Appeals 2019-05-27 11:45 pm By Christine Caulfield Melbourne

Maurice Blackburn’s funding model rejected by a judge overseeing a beauty parade of class actions against BHP appeared structured to incentivise the firm to push up its legal fees, an appeals court said Monday on the first day of a high stakes hearing challenging a decision to shut down two of three competing cases against the mining giant.

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