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Full Court confirms no statutory liability for infringement by authorisation
Expert Insights 2021-08-25 3:11 pm By Editor

In a recent decision, the Full Federal Court confirmed that a trade mark owner who merely authorises use of its trade mark cannot be subject to liability for direct trade mark infringement under section 120(1) of the Trade Marks Act, writes Shelston IP’s Kathy Mytton and Sean McManis.

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Insurers want to stay COVID-19 insurance class actions
Allens 2021-08-24 4:26 pm By Bianca Hrovat

Insurers Lloyds Australia and QBE want class actions by policyholders who were denied business interruption coverage for COVID-related shutdowns stayed until a related test case in the Federal Court is decided.

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‘Completely off the track’: Judge got it wrong in deep sleep therapy case, Full Court told
Anais d'Arville 2021-08-23 9:17 pm By Christine Caulfield

A judge who dismissed a defamation case against HarperCollins by two psychiatrists who administered the controversial deep sleep therapy at Chelmsford Private Hospital in the 1970s was criticised Monday for her ‘presumptuous cynicism’.

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ATO wins appeal in Crown Resorts battle over GST on high roller junkets
Appeals 2021-08-20 10:45 pm By Cat Fredenburgh

The Full Court has thrown out a victory by Crown Resorts in a $100 million dispute over GST assessments on commissions and rebates paid to tour operators that directed international VIP gamblers to two of its casinos.

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Christian Porter wants court to ‘protect his reputation’, Nine tells judge
ABC 2021-08-18 4:21 pm By Cindy Cameronne

Liberal MP Christian Porter is effectively asking the court to “protect his reputation” by seeking to block Nine and NewsCorp from using secret portions of the ABC’s defence to his defamation allegations, Nine told a judge in opposing the move.

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Worley budget adjustments were ‘drop in the ocean’, Full Court hears in class action appeal
ACA Lawyers 2021-08-17 10:19 pm By Cindy Cameronne

Worley’s increases to a budget behind an allegedly misleading 2014 earning guidance, amounting to $1.14 million, were a “drop in the ocean”, the Full Court has heard as shareholders seek to revive a failed class action against the engineering company.

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Shareholders looking to revive class action say Worley pursued ‘growth stock’ ambitions over accuracy
ACA Lawyers 2021-08-16 9:09 pm By Cindy Cameronne

Worley crafted the budget behind an allegedly misleading 2014 earnings guidance so that its shares could be rated as a “growth stock”, the Full Court has heard as shareholders seek to revive a failed class action against the engineering company.

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Christian Porter wants to block media from using secret parts of ABC defence
ABC 2021-08-13 9:47 pm By Christine Caulfield

Liberal MP Christian Porter has asked a court to ensure Nine and News Corp. do not use secret portions of ABC’s defence to his defamation allegations, which the media giants accessed as intervenors in the former federal Attorney-General’s case.

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Court throws out Merck Sharp & Dohme’s Januvia patent extension
Australian Government Solicitor 2021-08-12 2:29 pm By Miklos Bolza

The Federal Court has dealt US drug giant Merck Sharp & Dohme a devastating blow, overturning an “untenable” patent term extension which would have protected the monopoly of its multibillion-dollar Januvia and Janumet diabetes drugs beyond July 2o22.

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Apple asks High Court to undo ‘radical’ Epic Games decision
ACCC 2021-08-10 3:10 pm By Cat Fredenburgh

The Full Federal Court took a “radical” and unorthodox approach with far-reaching consequences by keeping Apple’s competition dispute with Fortnite game maker Epic Games in Australia, the Silicon Valley giant has told the High Court.

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