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Damages › Australia

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2022 Design Patents Year in Review: Analysis & Trends

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more

A&O Shearman

U.K. Court Gives the Green Light to Mass Environmental Claim

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In a significant development for environmental litigation in the U.K., the English Court of Appeal has allowed a £5 billion damages claim brought by around 200,000 Brazilian individuals and other persons to proceed against...more

White & Case LLP

Claims Against Subcontractors: Contingent Loss, No Recovery?

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A main contractor is often in a difficult position during project disputes, caught in the middle between its liabilities to the employer and its ability to recover those losses from its subcontractors. But, what happens when...more

International Lawyers Network

Sexual Harassment in the Workplace: What Australian Companies Need to Know

International Lawyers Network on

What constitutes sexual harassment? Sexual harassment is conduct of a sexual nature, a sexual advance or a request for sexual favours that is unwelcome, where a reasonable person having regard to all the circumstances...more

K&L Gates LLP

We Didn't Start the Fire – VCAT Hands Down Decision on the Fire at Lacrosse Tower

K&L Gates LLP on

The Victorian Civil and Administrative Tribunal (VCAT) recently handed down its findings into which of the eight respondents were responsible for the damage caused by the fire at the Lacrosse apartment tower, 673-675 La Trobe...more

International Lawyers Network

Plant Breeder’s Rights in Australia: updated, amended and strengthened

International Lawyers Network on

Recent amendments to the PBR Act have strengthened PBR rights and have aligned aspects of PBR with other intellectual property laws in Australia. This article summarises the changes....more

K&L Gates LLP

AUD1.4M in Damages for "Harassed" Director of Nursing

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A District Director of Nursing (DDON), Ms Mary-Rose Robinson has been awarded approximately AUD1.4M in damages (plus costs) after a Queensland Court found that she was subjected to repeated managerial mistreatment by a...more

Jones Day

Recovery of Damages Under Innovation Patents in Australia

Jones Day on

The Full Court of the Federal Court of Australia has redrawn the boundary lines for the recovery of damages for infringement of innovation patents. In Coretell Pty Ltd v Australian Mud Co Pty Ltd [2017] FCAFC 54 ("Coretell"),...more

Seyfarth Shaw LLP

Damages in bullying claims – the stakes are rising even higher

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The Victorian Supreme Court recently issued a stunning decision awarding an employee over $600,000 comprising $210,000 for pain and suffering and the balance for lost past and future income, despite the employee having a...more

K&L Gates LLP

Will you be Penalised for a Penalty?

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Recent Developments in the law of Penalties - The law has long struggled with two competing notions about the proper approach to penalties, namely: 1. the freedom of parties to contract, 2. preventing a party from obtaining a...more

K&L Gates LLP

That's "a Lot of Kebab"!

K&L Gates LLP on

The Full Federal Court of Australia (Court) has made its first award of 'additional damages' for trade mark infringement. This decision is promising news for trade mark owners, who can take encouragement from the Court's...more

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