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No docs, no Tim Cook: Epic Games assails Apple’s ‘contrived’ defence in trial’s closing arguments
Trials 2024-06-24 11:11 pm By Sam Matthews

Video game maker Epic Games has attacked as “entirely contrived” the defence by Apple in closing submissions in a Federal Court trial of its landmark competition case, pointing to the tech giant’s lack of evidence, including from CEO Tim Cook.

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Contingency fee order in Arrium class action would remain in force in NSW, AG tells High Court
Class Actions 2024-06-20 11:55 pm By Sam Matthews

The NSW Supreme Court would have the power to deal with a contingency fee order made in a class action against KPMG if the accounting firm won its application to move the case from Victoria, making the existence of the order a neutral factor in the transfer bid, the federal Attorney-General has told the High Court.  

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Complaint retreading old ground against lawyer not oppressive, appeals court says
Legal Ethics 2024-06-20 11:54 pm By Sam Matthews

An appeals court has found that the ACT legal complaints body was entitled to bring a second complaint against a lawyer after a first complaint about the same conduct was summarily dismissed, rejecting an argument that retreading the same ground would be oppressive.

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Justin Hemmes’ ‘Establishment’ trade mark should be canceled, court told
Intellectual Property 2024-06-20 11:33 pm By Sam Matthews

Brisbane restaurant Establishment 203 has hit back at a trade mark suit brought by Sydney hospitality mogul Justin Hemmes, telling a court that his ‘Establishment’ trade mark should be canceled.

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Shortcomings found in Federal Court’s management of corporate credit cards
Courts 2024-06-19 10:30 pm By Sam Matthews

A new report from the Australian National Audit Office has found weaknesses in the Federal Court’s oversight of corporate credit cards, with the court agreeing to strengthen its policies and procedures, including in relation to the use of credit cards to cover taxi fares.

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Failure to meet KPIs not valid reason for axing telemarketer: FWC
Employment 2024-06-19 10:41 pm By Sam Matthews

A failure to meet key performance indicators not written into her employment contract was not a valid reason for sacking a telemarketer, the FWC has found in awarding the worker $10,000 in compensation.

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AI may breed laziness among lawyers, top NSW judge warns
AI 2024-06-18 10:59 pm By Sam Matthews

The top judge of the NSW Supreme Court has issued a warning over the use of artificial intelligence by practitioners, saying the technology may “encourage or feed laziness in research and analysis”.

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ASIC says judge erred in assessing Gilbert + Tobin’s advice to crypto provider
Cryptocurrency 2024-06-18 3:36 pm By Sam Matthews

ASIC has wasted no time in appealing a judge’s decision to excuse cryptocurrency product provider Block Earner from paying a civil penalty on the basis that it took advice from a leading law firm that was not seen by the court. 

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Elanco loses appeal in animal drug patent spat with Abbey Laboratories
Intellectual Property 2024-06-17 11:07 pm By Sam Matthews

Elanco Australasia has lost its bid to appeal a finding by IP Australia that a patent acquired from Bayer covering a lice treatment for livestock lacked an inventive step.

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Paladin Group director entitled to rely on penalty privilege in ASIC case, court told
Financial Services 2024-06-17 1:35 pm By Sam Matthews

A director of two Paladin Group units is entitled to rely on the privilege against self-exposure to penalty in defending a case brought by the Australian Securities and Investments Commission, a court has heard.

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