The Federal Court has partially struck out publisher Pan Macmillan Australia’s defence in a defamation case brought by Sydney identity Thomas Domican over a “fleeting reference” in a book by nightclub magnate John Ibrahim.
Actor Geoffrey Rush has come up short in his bid for an injunction blocking The Daily Telegraph from repeating allegations in the successful defamation case he brought against the publisher, with a judge citing the public interest in free speech and the lack of foundation for the actor’s concerns.
Concerns about duplicative costs in multiple class actions are better addressed by case management decisions aimed at cutting excessive expense, not by limiting the amount lawyers representing group members can spend, the Full Federal Court has said in dismissing an appeal by baby food maker Bellamy’s.
Rugby league player Jack de Belin has dropped his appeal of a ruling dismissing his challenge to the National Rugby’s League “no fault” stand-down rule.
A party to a contract may be precluded from enforcing a contractual right if it has acted in a way that is clearly inconsistent with that right under the doctrine of election. Recently, the NSW Court of Appeal applied the principles of election to a complex factual scenario and the lesson from the decision is this — if you have a right to terminate a contract, you should expressly communicate your intentions to the other party as soon as possible after the right to terminate enlivens, says McCabe Curwood managing principal Andrew Lacey.
The ACCC won’t stand in the way of rural supply giant Landmark’s proposed $469 million takeover of competitor Ruralco, with the competition regulator saying the importance of customer relationships would leave room for independent retailers to compete.
The funder behind a class action against a unit of car leasing company McMillan Shakespeare for allegedly engaging in unfair tactics when selling car warranties is seeking a 25 per cent cut of any settlement reached in the case.
IP Australia has rejected Dow AgriCulture’s bid to patent a smart pest control device, saying the invention lacks an inventive step.
A judge has ruled that a former executive of cyber security firm Secure Logic Group, who took advice from a lawyer to destroy the contents of a personal computer that allegedly contained confidential infomation from the company, has waived legal professional privilege over the communication.
IP boutique Spruson & Ferguson has lured former Phillips Ormonde Fitzpatrick patent attorney Ken Bolton to join the firm’s Sydney office as of counsel.