Fuller-Lyons v New South Wales [2015] HCA 31: Damages after Train Fall

Wednesday 2 September 2015 @ 12.14 p.m. | Legal Research

The High Court of Australia has today (2 September 2015) settled a fourteen year old case by ruling in favour of the appellant, Corey Fuller-Lyons, and finding negligence on the part of the State of New South Wales. In the case of Corey Travis Fuller-Lyons by his Tutor Nita Lyons v State of New South Wales [2015] HCA 31, the Court allowed an appeal from the New South Wales Court of Appeal and restored the primary judge’s award of damages to the appellant.

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Astrazeneca AB v Apotex Pty Ltd [2015] HCA 30: Patents: Lack of Inventive Step

Wednesday 2 September 2015 @ 12.04 p.m. | IP & Media | Trade & Commerce

In Astrazeneca AB & Anor v Apotex Pty Ltd; Astrazeneca AB & Anor v Watson Pharma Pty Ltd; Astrazeneca AB & Anor v Ascent Pharma Pty Ltd [2015] HCA 30 handed down today (2 September 2015), the High Court of Australia has, in a unanimous decision, found that a patent which disclosed a method of treatment for hypercholesterolemia was invalid because it lacked an inventive step within the meaning of subsections 7(2) and 7(3) of the Patents Act 1990 (Cth) (the Patents Act).

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Reasonable Grounds for Representations: ACCC v Dateline Imports Pty Ltd [2015] FCAFC 114

Tuesday 1 September 2015 @ 2.32 p.m. | Trade & Commerce

The Full Federal Court has handed down a judgment in Australian Competition & Consumer Commission v Dateline Imports Pty Ltd [2015] FCAFC 114, which has partially upheld the ACCC’s claims in an appeal from the original Federal Court decision.  Cross-appeals by Dateline were also dismissed.  The Full Federal Court agreed with the ACCC’s contention that Dateline had contravened section 52 of the Trade Practices Act 1974 (Cth) by not having reasonable grounds for making a series of representations, including that their Keratin Complex formula did not contain formaldehyde and that it complied with worldwide health and safety regulations.  The Court dismissed several other grounds of appeal.

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New Criminal Law Consorting Bill to be Introduced into Victorian Parliament

Tuesday 1 September 2015 @ 12.38 p.m. | Crime | Legal Research

Attorney-General Martin Pakula in Victoria outlined on 31 August 2015 a new offence of ‘unlawful association’, which will prohibit convicted criminals from repeatedly associating with others so as to maintain and expand their criminal networks.

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Tasmania Begins Coronial Inquest Into Deaths In Custody

Monday 31 August 2015 @ 12.23 p.m. | Legal Research

Tasmania has begun a coronial inquest into the deaths of Troy Monson, Robin Michael and Scott Mitchell, which all occurred in police custody. The inquest was originally announced to cover two separate incidents of suspected suicides in custody, which occurred within a week of each other in June 2015.

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