Full text post: Vioxx class action: special leave refused

In 2010 the full court of the Federal Court of Australia overturned a damages award in the VIOXX class action.  The decision confirmed the traditional approach to issues of causation – the defendant's act or omission must be a necessary condition of the plaintiff's injury (the 'but for' test). It also illustrated that causation is no less difficult to prove in large-scale class actions than in individual proceedings.

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Vioxx class action: special leave refused

On 15 May 2012 the High Court refused special leave to appeal from the decision of the Full Federal Court to refuse to award damages in the Vioxx class action.  The representative applicant alleged that arthritis drug Vioxx caused his heart attack, but the courts disagreed.  After the High Court's decision, the traditional approach to issues of causation stands (the "but for" test).  That said, the Chief Justice's remarks in refusing special leave open the possibility that the High Court might relax the requirements of causation if it is given the right set of facts.

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That’s not an adult website fee, it’s a settlement payment!

Owners of copyright in entertainment content have for some time now been faced with a significant challenge in stamping out infringement by recourse to the courts.  It may be difficult to sue more than a small fraction of the number of copyright infringers out there and publicising successful suits to deter other infringers can be difficult.  That’s why alternative tactics may be more effective, like requiring internet service providers to terminate the connections of infringers, or scaring them with headline-grabbing damages awards (read more...

BREAKING NEWS: High Court hands down its decision in Health World

The High Court decision in Health World on the meaning of "person aggrieved" is now available online
The High Court unanimously allowed the appeal.  It found that Health World was a person aggrieved and remitted the matter to the Full Court of the Federal Court for determination of the remaining issues.
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Subjects: Trade marks

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