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Monster Energy’s costs estimate in patent case ‘monstrous’, court told
Food and Beverage 2023-06-28 1:43 pm By Cindy Cameronne Sydney

An inventor who claims Monster Energy infringed his patent for laser etched pull tabs is fighting the beverage giant’s bid for $150,000 in security for costs, saying its estimates were “monstrous”.

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No win, no fee model bashed in four-way fight to run Star class action
Class Actions 2023-06-27 11:36 pm By Sam Matthews Melbourne

Three firms fighting for carriage of a $80 million class action against Star Entertainment say a group costs order would guard against ‘costs blowouts’ in the case and have urged a judge to ditch a no win, no fee proposal brought by fourth-to-file firm Shine Lawyers.

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Hannover Life scores partial win against tax office over GST credits
ATO 2023-06-27 5:18 pm By Gareth Baker

Hannover Life Re should be allowed tax credits for GST paid on a share of its overheads, including rent and power, a judge has found in a partial win for the reinsurer.

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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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Medibank’s capital requirement lifted to $250M after data breach
APRA 2023-06-27 2:53 pm By Gareth Baker Sydney

The Australian Prudential Regulation Authority has raised Medibank’s capital adequacy requirement by $250 million, following last year’s cyber attack against the private health insurer, which exposed the personal details of 10 million customers. 

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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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