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Funder of live export class action doesn’t need AFSL to sign up new group members
Class Actions 2020-11-12 3:02 pm By Cat Fredenburgh

The group providing funding to claimants in a class action against the federal government over its 2011 ban on live cattle exports to Indonesia does not have to comply with new rules requiring litigation funders to obtain an AFSL and operate as a managed investment scheme in order to sign up new group members.

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Judge rejects public interest immunity argument over war crimes docs in Ben Roberts-Smith case
Defamation 2020-11-12 2:41 pm By Cat Fredenburgh

The chief of the Australian Defence Force has lost a bid to keep information obtained by a war crimes inquiry from three news publishers defending against a defamation suit by war veteran Ben Roberts-Smith.

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In loss for Seiko, High Court adopts patent exhaustion doctrine
Peter Creighton-Selvay 2020-11-12 1:16 pm By Cat Fredenburgh

The High Court has ruled that a patentee’s rights to control what can be done with a patented product after it is sold are “exhausted” upon sale.

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Setka ordered to stop poaching of union members
Employment 2020-11-11 10:48 pm By Cat Fredenburgh

CFMEU official Michael O’Connor has successfully appealed a ruling that threw out his lawsuit seeking to restrain union heavyweight John Setka from poaching members from the union’s manufacturing division.

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High Court set to rule on patent exhaustion in ink cartridge case
High Court 2020-11-11 2:23 pm By Cat Fredenburgh

The High Court will hand down its highly anticipated decision in a patent dispute between printer giant Seiko Epson and ink cartridge reseller Calidad on Thursday, a ruling expected to provide clarity on the the rights of businesses to modify patented goods.

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Businesses will soon face fines for unfair contract terms
Competition & Consumer Protection 2020-11-10 11:05 pm By Cat Fredenburgh

Businesses will face fines for imposing unfair contract terms on consumers and small businesses under expected changes to Australian Consumer Law announced Tuesday.

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Funder to seek 30% cut from $9.5M McMillan Shakespeare class action settlement
Class Actions 2020-11-10 9:46 pm By Cat Fredenburgh

The funder that backed a class action against McMillan Shakespeare over ‘illusory’ car warranties, which settled for less than 20 per cent of the $47.6 million claim value, will seek court approval for a 30 per cent cut of the $9.5 million settlement.

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Fuji Xerox can’t strike out EY, ex-director’s defences in case over $450M accounting scandal
Accounting 2020-11-09 2:49 pm By Cat Fredenburgh

A judge has denied Fuji Xerox’s attempt to strike out parts of the defences of Ernst & Young and a former Fuji director in a lawsuit over alleged massive accounting irregularities.

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Another aged care provider faces class action over COVID-19 outbreak
Class Actions 2020-11-09 12:15 pm By Cat Fredenburgh

A nursing home in Melbourne’s Western suburbs may be hit with a class action over a COVID-19 outbreak at the facility that resulted in the deaths of 11 residents.

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Mylan fails in High Court bid to save patents for top seller Lipidil
Intellectual Property 2020-11-06 12:06 pm By Cat Fredenburgh

The High Court has declined to take up Mylan’s challenge to a Full Court ruling upholding the invalidity of three patents for its blockbuster cholesterol drug Lipidil.

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