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Servier Laboratories (Aust) Pty Ltd v Commonwealth of Australia

The Federal Court of Australia dismissed an application for judicial review of decisions of the Department of Health and Aging issuing a schedule of pharmaceutical benefits stating that drugs manufactured by the applicant had equivalents under the (CTH...

Published Fri, Jan 30 2009 8:00 AM by Latest Cases

Filed under: medicine, constitutional law, schedule of pharmaceutical benefits, choses in action, equivalent drugs, acquisition of property, pharmaceutical benefits, Commonwealth powers

Nokia Corporation v Liu

The Federal Court of Australia awarded only $10 in damages to Nokia Corporation in a case relating to the importation of a batch of mobile phones bearing the 'Nokia' trade mark. Nokia invited the court to award damages on the assumption that the...

Published Fri, Jan 23 2009 9:05 AM by Latest Cases

Filed under: costs, damages, intellectual property, practice and procedure, trade marks, estimation, appropriate forum, assessment, lost sales, calculation of loss, reduction of costs

Scott v CAL No 14 Pty Ltd t/as Tandara Motor Inn (No 2)

In the Full Court of the Supreme Court of Tasmania, the appellant appealed against the decision of a single judge of the Supreme Court dismissing an action for negligence. The appellant was the wife of a deceased man, who was killed while riding his motor...

Published Mon, Jan 19 2009 11:18 PM by Latest Cases

Filed under: breach of duty, duty of care, negligence, special duties, special relationships

Overseas Aircrew Basing Limited v Commissioner of Taxation

Federal Court of Australia - Graham J - 15 January 2009 - [2009] FCA 7 Taxation and revenue - Fringe benefits tax - Tax exemptions - Foreign service The Federal Court of Australia held that Australian airline pilots employed by the applicant company incorporated...

Published Tue, Jan 20 2009 9:06 AM by Latest Cases

Filed under: revenue, taxation, fringe benefits tax, tax exemptions, foreign service

Legal Practice Board v Tee

Western Australia Supreme Court - Simmonds J - 16 January 2009 - [2009] WASC 5 Contempt - Contempt of court - Penalty - Representation of self as legal practitioner The Supreme Court of Western Australia has imposed a $4000 fine on a man for claiming...

Published Tue, Jan 20 2009 8:58 AM by Latest Cases

Filed under: contempt of court, penalty, totality principle, representation of self as legal practitioner, contempt, legal practice

Priestley v Godwin

High Court of Australia - French CJ - 17 December 2008 - [2008] HCA 59 Administrative law - Prerogative writs - Certiorari - Appeal process - Courts and judicial system - Judges - Bias - Making of court rules Chief Justice French sitting alone refused...

Published Thu, Jan 15 2009 9:13 AM by Latest Cases

Filed under: administrative law, appeals, bias, courts, judges, making of court rules, prerogative writs, certiorari, judicial system

Macquarie Media Holdings Ltd v Australian Communications and Media Authority

Federal Court of Australia Full Court - Finn, Bennett and Edmonds JJ - 12 January 2009 - [2009] FCAFC 1 Statutes - Interpretation - (CTH) Broadcasting Services Act 1992 - Subsequent acquisition of licensee - Media and communications - Licences - One licence...

Published Wed, Jan 14 2009 9:04 AM by Latest Cases

Filed under: interpretation, statutes, subsequent acquisition of licensee, exemptions, licences, one licence rule, communications, media

Australian Competition and Consumer Commission (ACCC) v Qantas Airways Ltd; Australian Competition and Consumer Commission (ACCC) v British Airways PLC

Federal Court of Australia - Lindgren J - 4 November 2008 - [2008] FCA 1976 Federal Court of Australia - Lindgren J - 23 December 2008 - [2008] FCA 1977 Trade and commerce - Trade practices - Anti-competitive agreements - Penalties - Aviation - Airlines...

Published Fri, Jan 9 2009 8:28 AM by Latest Cases

Filed under: penalties, trade and commerce, trade practices, territorial connection, airlines, pecuniary penalties, anti-competitive agreements, injunction, aviation, fuel surcharge

Gillies v Director of Public Prosecutions (NSW)

New South Wales Court of Criminal Appeal - Basten JA, Hislop and Price JJ - 23 December 2008 - [2008] NSWCCA 339 Legal practitioners - Advocacy - Confrontation with court - Withdrawal of instructions - Evidence - Admissibility - Relevance - Sexual history...

Published Tue, Jan 6 2009 10:51 PM by Latest Cases

Filed under: admissibility, criminal law, evidence, juries, legal practitioners, sentencing, sexual offences, failure to discharge, prejudice, relevance, sexual history, advocacy, withdrawal of instructions, confrontation with court

Central Northern Adelaide Health Service v Atkinson

Supreme Court of South Australia Court of Appeal - Bleby, Gray and Kelly JJ - 24 December 2008 - [2008] SASC 371 Civil and political rights - Discrimination - Provision of medical services - Race and age In the Supreme Court of South Australia Court of...

Published Wed, Jan 7 2009 8:35 AM by Latest Cases

Filed under: provision of medical services, race, discrimination, civil and political rights

Skaf v R

New South Wales Court of Criminal Appeal - McClellan CJ at CL and Hidden and Howie JJ - 17 December 2008 - [2008] NSWCCA 303 Criminal law - Criminal procedure - Application for stay of proceedings - Pre-trial publicity - Sentencing - Sexual offences ...

Published Mon, Jan 5 2009 9:17 AM by Latest Cases

Filed under: criminal law, criminal procedure, evidence, sentencing, sexual offences, parity, identification evidence, totality, application for stay of proceedings, pre-trial publicity

R v Roussety

Supreme Court of Victoria Court of Appeal - Vincent, Nettle, Ashley, Redlich and Weinberg JJA - 17 December 2008 - [2008] VSCA 259 Criminal law - Sentencing - Dishonesty offences - Obtaining property by deception The Supreme Court of Victoria Court of...

Published Mon, Jan 5 2009 9:15 AM by Latest Cases

Filed under: criminal law, sentencing, retrospectivity, obtaining property by deception, dishonesty offences

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