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Nine can rely on reputation evidence in Euro Pacific CEO’s case
Dauid Sibtain 2023-06-27 4:35 pm By Cindy Cameronne Sydney

Nine has partially won its bid to include evidence about the reputation of Euro Pacific CEO Peter Schiff in an attempt to minimise the damages it will owe after abandoning its substantive defences in defamation proceedings by the bank boss.

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Sour grapes as Champagne growers appeal trade mark decision
Appeals 2023-06-27 4:18 pm By Gareth Baker Sydney

The French association representing wine producers from Champagne is appealing a recent trade mark loss to an Australian health retailer, claiming a product being sold on Aussie shelves is using its coveted name without assurances it originates from the French region. 

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Viterra loses appeal of Cargill’s $300M win over Joe White sale
Allan Myers 2023-06-27 3:48 pm By Cindy Cameronne Sydney

In a decade-old dispute, Viterra has lost an appeal of a judgment holding it liable to pay Cargill Australia $293 million for misrepresentations about the performance of its malt producer Joe White, which it sold to Cargill for $420 million in 2013.

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Seven tries to resurrect ‘7Now’ mark in IP stoush with 7-Eleven
7-Eleven 2023-06-26 11:41 pm By Cat Fredenburgh

Seven Network has appealed a ruling that revoked its 7NOW trade mark for non-use in a victory for convenience chain 7-Eleven as it seeks to expand its presence in Australia.

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Sydney Trains driver sacked for drinking deserves rehearing, Full Court says
Appeals 2023-06-26 10:05 pm By Gareth Baker Sydney

The Full Court has held a Sydney Trains driver who worked the morning after blowing over four times the legal limit is entitled to a rehearing, finding the Fair Work Commission failed to properly consider a section of its own founding legislation. 

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No legal protection for emails in Shane Heal’s case against Sydney Flames
Employment 2023-06-26 4:17 pm By Gareth Baker Sydney

Emails exchanged during a bullying investigation into former basketball great Shane Heal must be shared, a judge has found, as the Sydney Flames coach battles to protect his reputation and his employment with the WNBL club. 

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Sanofi defeats government’s $325M appeal over generic Plavix ban
Appeals 2023-06-26 4:00 pm By Cindy Cameronne Sydney

Drug maker Sanofi-Aventis is not liable for the federal government’s losses for excess subsidies paid for the blood-thinner Plavix after an allegedly unjustified court injunction prevented the release of a generic version of the blockbuster drug, an appeals court has found.

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Settlement in FIFO class action against Thiess wins approval
Article 2023-06-26 2:49 pm By Christine Caulfield

A court has signed off on a settlement in a six-year-old class action against mining services company Thiess by fly-in fly-out workers recruited for construction of a Woodside Energy LNG plant in WA’s Pilbara region.

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The Reject Shop flags early attacks on underpayments class action
Adero Law 2023-06-26 12:32 pm By Cindy Cameronne Sydney

Discount retail chain The Reject Shop has foreshadowed two challenges to an underpayments class action, claiming store managers were not covered by the general retail award and that their allegations have to be run individually. 

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Parking detection patents infringed by SARB’s Pinforce sensors, judge finds
Andrew McClelland 2023-06-26 12:08 pm By Cindy Cameronne Sydney

Tech company Vehicle Management Systems has won a long-running patent infringement dispute with rival SARB over a sensor-based system the City of Melbourne uses for timing parked vehicles. 

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