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Westpac fights bid to ‘get around’ limitation defence in flex commissions class action
Class Actions 2024-08-21 11:11 pm By Sam Matthews

Banks targeted in long-running class actions over flexible commission schemes for car dealers are resisting the plaintiffs’ bid to amend their pleadings to “get around” the defence that certain claims are time-barred.

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High Court asked to clarify importance of disclosure in patent applications
Intellectual Property 2024-08-21 11:02 pm By Sam Matthews

The High Court has been asked to weigh in on whether the Federal Court’s prevailing approach to the disclosure requirements of the Patents Act “imposes too great a burden” on patent applicants.

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Fortescue denies IP head told Element Zero founder to delete documents
Intellectual Property 2024-08-20 11:21 pm By Sam Matthews

Fortescue has rejected Element Zero’s “implausible” claims that the start-up’s founder was instructed by the mining giant’s IP manager to access and delete certain documents after his resignation, as it defends allegations that search orders it won over the alleged misappropriation of its confidential information were based on weak evidence.

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‘Industrial scale forensic debacle’: Element Zero blasts Fortescue search orders
Energy & Natural Resources 2024-08-19 10:06 pm By Sam Matthews

Start-up Element Zero has attacked search orders won by Fortescue over the alleged misappropriation of the mining company’s confidential information by three former employees, calling the orders an “industrial scale forensic debacle” won on weak evidence and the failure to disclose material information.

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High Court asked to weigh in on scope of whistleblower protections
Appeals 2024-08-16 11:33 pm By Sam Matthews

A former debt collector who accused the ATO of using heavy handed debt collection tactics against taxpayers has asked the High Court to overrule a decision that found he was not immune from prosecution. In a decision handed down in June, the South Australia Court of Appeal dismissed Richard Boyle’s second bid for immunity from…

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Babcock & Brown liquidator wants to knock out fifth shareholder suit
Restructuring & Insolvency 2024-08-16 2:08 pm By Sam Matthews

The liquidator of failed global financial services firm Babcock & Brown is seeking to permanently stay a shareholder suit it says is an abuse of process, nearly five years after three other cases against the liquidator were thrown out.

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Judges don’t have to give ‘running commentary’ on oral submissions, court says
Courts 2024-08-15 11:02 pm By Sam Matthews

An appeals court has rejected oOh!media’s claim that it was denied procedural fairness in a dispute with Transport for NSW, saying judges are not required to give a “running commentary” on oral submissions and that counsel must be “constantly alert” when appearing in court.

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GM can’t ‘walk away’ from language of settlement with class action plaintiff: appeals court
Class Actions 2024-08-15 11:03 pm By Sam Matthews

General Motors has failed to overturn a decision that put it on the hook for the applicant’s full costs in a partial settlement in a class action on behalf of Holden dealers, with an appeals court finding GM could not “walk away” from the ordinary meaning of the phrase ‘the plaintiff’s costs of the proceedings’.

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‘A matchless honour’: NSW Supreme Court judge Richard Button takes his bows
Business of Law 2024-08-15 12:55 pm By Sam Matthews

Retiring judge Richard Button has been farewelled by the NSW Supreme Court, praised for his distinguished career and “great sense of humour”.

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ASIC suit alleges ASX made misleading statements about CHESS replacement
ASIC 2024-08-14 10:49 am By Sam Matthews

The corporate regulator has taken market operator ASX to court for allegedly making misleading statements about the replacement project for its CHESS share register, including that the project was on track to go live in April 2023. 

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