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  • Article

    ALDI In Two Courts: UK And Australia – Cider And Sweets

    In this article, we discuss two IP judgments involving the discount supermarket chain, Aldi. Both deal with the issue of supermarket look-alikes. The first one is a continuation of a well-known UK case...
    GlobalLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Institutional Investors And Common Questions For Shareholder Class Actions In Australia

    Earglow Pty Ltd, as trustees for Boorne Super Fund Account and the Boorne Holdings Family Trust, commenced a class action in the Federal Court of Australia against Newcrest Mining Ltd.
    AustraliaCorporate/Commercial Law
    Jones Day
    Jones Day
Article

Prevention Better Than Cure In The Case Of Competition From Ex-Employees

The first plaintiff, Lifeplan, was in the business of funds management and the provision of investment products, including funeral products, which it marketed and distributed through a wholly owned subsidiary.
AustraliaEmployment and HR
Jones Day
Jones Day
  • Article

    What is a claim for medical negligence? An easy guide for Tasmanians

    An overview of a medical negligence claim in Tasmania and steps to take if you suspect you have a claim.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Full Federal Court hands down appeal decision in Timber Creek native title case

    This decision considered six major issues relating to compensation for extinguishment or impairment of native title.
    AustraliaGovernment, Public Sector
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Application of discounts for contingencies for vicissitudes vary widely between different state jurisdictions

    Insurers operating across different States need to consider the different methodologies for calculating future losses.
    AustraliaInsurance
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Time to review reserves in respect of domestic assistance: NSW Court of Appeal warns urgent legislative attention required to address ambiguities in s 15(3) of the Civil Liability Act 2002

    The six hour per week "intensity requirement" contained in s 15(3)(a) of the Civil Liability Act 2002 (the CLA) is a continuing one. A plaintiff can only recover damages for gratuitous care for periods where it can be established that the services were provided (or are to be provided) for at least six hours per week.
    AustraliaInsurance
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Fraudulent Imitation Need not be Disguised: Polyaire Pty Ltd v K-Aire Pty Ltd

    If you hold a registered design under the old design registration system, a recent Australian High Court decision indicates that you may be entitled to greater protection than previously thought.
    AustraliaIntellectual Property
    Freehills
    Freehills
  • Article

    The Importance Of "Ascertained" In Obviousness

    The Full Federal Court (FFC) has dismissed an appeal by the Australian Patent Office (APO) against a Federal Court decision that US patents revealed in a novelty search did not satisfy the "ascertain" requirement for inventive step, and so could not be used to invalidate an Australian patent for obviousness.
    AustraliaIntellectual Property
    Spruson & Ferguson Lawyers
    Spruson & Ferguson Lawyers
  • Article

    A Greater Role For Australian Courts In Foreign Arbitral Proceedings?

    In the recent decision of Samsung C&T Corporation v Duro Felguera Australia Pty Ltd, the Supreme Court of Western Australia declined to make a declaration as to the effect of an arbitration agreement.
    AustraliaLitigation, Mediation & Arbitration
    Jones Day
    Jones Day
  • Article

    Clouds Over Blue Sky: High Court Limits Solicitors' CFOs

    On 6 August 2025 the High Court of Australia (High Court) unanimously held that at the time of settlement or judgment in a class action, the Federal Court of Australia (Federal Court)...
    AustraliaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Costs incurred in legal proceedings in Victoria and NSW must be proportionate to the matter and sums in dispute

    Lawyers may be directed by courts to pay the other party's costs.
    AustraliaLitigation, Mediation & Arbitration
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Courts overturn record defamation payout to Rebel Wilson

    This appeal decision indicates that courts in Victoria will take a strict approach to awarding damages for defamation.
    AustraliaLitigation, Mediation & Arbitration
    Holding Redlich
    Holding Redlich
  • Article

    Damages for disappointment and distress available to consumers for breaches of consumer guarantees for travel and recreational contracts

    This case has large implications - it was a class action, and the plaintiff won damages for disappointment and distress.
    AustraliaLitigation, Mediation & Arbitration
    Holman Webb
    Holman Webb
  • Article

    "Federal Court Of Australia Permits Early Issue Of Subpoena To Corporate Regulator In Wembley Stadium Class Action"*

    Wembley Stadium in the United Kingdom continues to generate interesting court judgments, this time from Melbourne, Australia, where aggrieved investors have brought a "class action" suit against Multiplex.
    AustraliaLitigation, Mediation & Arbitration
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Jones -V- Dapto Leagues Club Limited [2008] NSWCA 32

    The Court of Appeal will overturn a trial judge's decision where the judge's reasoning is contradictory.
    AustraliaLitigation, Mediation & Arbitration
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Jurisdictional error and CARS assessors

    The grounds for successfully challenging a CARS Assessment on the basis of jurisdictional error are extremely limited.
    AustraliaLitigation, Mediation & Arbitration
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    NSW District Court has power to order permanent injunctions, Court confirms

    In a recent social media defamation case, the NSW District Court awarded the plaintiff a permanent injunction.
    AustraliaLitigation, Mediation & Arbitration
    O'Brien Criminal & Civil Solicitors
    O'Brien Criminal & Civil Solicitors
  • Article

    The State Of "Competent Professional Practice" Across Australia

    The end of 2019 saw three medical negligence judgments handed down by the Supreme Courts of New South Wales and Victoria, and the Western Australian Court of Appeal.
    AustraliaLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • Article

    Victorian inquiry into Wrongs Act 1958 - VCEC recommendations and government's response

    The Victorian government has indicated that it accepts most of the VCEC's recommendations for reforms to the Wrongs Act.
    AustraliaLitigation, Mediation & Arbitration
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Showing 761–780 of 1091 results

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