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Facebook ad shows use of ‘Motherland’ trade mark, High Court told
Appeals 2023-04-24 10:55 pm By Cindy Cameronne Sydney

The High Court has been asked to weigh in on whether online ads targeting Australian consumers can be the basis for a trade mark registration, in a long-running intellectual property spat between the maker of Mother Energy drinks and Vittoria Coffee over their respective ‘mother’ marks.

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High Court grants special leave to Dick Smith execs
Alice Zheng 2023-04-21 11:57 pm By Cat Fredenburgh

The High Court has agreed to hear the appeals of two former Dick Smith exes following judgments that awarded a total of $55 million in damages to NAB and the receivers of the defunct electronics retailer.

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Scenic Tours can’t dodge $10M damages ruling in cruise class action
Andrew Jordan 2023-04-20 10:45 pm By Sam Matthews Melbourne

Cruise operator Scenic Tours is stuck with a $10 million damages bill but has avoided paying for disappointed traveller’s flights, after an appeals court mostly rejected its appeal of an award to travellers who were promised a “once in a lifetime cruise along the grand waterways of Europe” but were instead forced to take the bus.

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‘It’s game over’: Victoria tries again to stay hotel quarantine class action amid criminal case
Adam Hochroth 2023-04-20 3:51 pm By Sam Matthews Melbourne

The state of Victoria is trying again to stay a class action over the 2020 hotel quarantine debacle in light of a pending criminal action against the Department of Health, telling an appeals court the fundamental principles of the criminal justice system must be protected.

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In loss for Haymarket builder, appeals court says new defect claims not new cause of action
Acting Justice Carolyn Simpson 2023-04-17 10:25 pm By Sam Matthews Melbourne

The builder of an allegedly defective Haymarket apartment building has lost an appeal of a decision which found that separate breaches of statutory building warranties do not create individual causes of action.

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Directed Electronics appeals partial loss in case over ‘reprehensible’ trade secrets theft
Adrian Ryan 2023-04-14 11:38 pm By Christine Caulfield

Car electronics company Directed Electronics has challenged a ruling that partially dismissed its case over the alleged misappropriation of trade secrets by a former manager, who was found to have pocketed $3.6 million in commissions through a secret agreement with rival Hanhwa.

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‘Too simplistic’: Judges’ support for disclaimer challenged in class action’s High Court appeal
Agriculture 2023-04-13 11:57 pm By Christine Caulfield

The farmers leading a class action against Advanta Seeds over contaminated product has brought their case to the High Court, challenging an appeals court’s holding that a disclaimer nullified the company’s duty to protect growers against economic loss.

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High Court snubs Sunwater in appeal over coverage for $440M floods settlement
Allens 2023-04-13 2:15 pm By Cat Fredenburgh

The High Court has rejected dam services provider Sunwater’s request that it weigh in on a dispute over insurance coverage for a $440 million class action settlement with victims of the 2010-2011 floods in Queensland.

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Mecca’s distribution agreement with lux cosmetics brand not unlawful, court finds
Andrew Di Pasquale 2023-04-11 11:35 pm By Sam Matthews Melbourne

Beauty giant Mecca has succeeded in fending off a luxury cosmetics brand’s appeal of a decision that found a term of an exclusive distribution agreement between them was not an unlawful restraint of trade.

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Lawyer loses battle for fees from murder suspect’s government payout
Appeals 2023-03-27 10:27 pm By Sam Matthews Melbourne

A lawyer who represented murder suspect Henry Keogh has failed to secure payment of his professional fees out of an ex-gratia payment to Keogh from the South Australian government, after an appeals court found the contingency under his retainer never arose.

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