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‘A point of high principle’: Funder argues it shouldn’t face costs for failed Airservices class action
Employment 2019-10-29 9:42 pm By Miklos Bolza

The litigation funder that backed a now dismissed class action against aviation service provider Airservices has argued funders should not face costs orders in Fair Work class actions, with a judge saying the debate raised “a point of high principle”.

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Toyota points finger at drivers in diesel filter class action
Class Actions 2019-10-23 3:42 pm By Miklos Bolza

Responding to a class action on behalf of over 250,000 car owners, auto giant Toyota has admitted issues with filters in three of its diesel vehicle models but says drivers who failed to respond to warning lights in their cars could not clam damages for any breaches of quality guarantees.

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Court can order security against funders in Fair Work class actions, judge rules
Employment 2019-10-08 9:36 pm By Miklos Bolza

A landmark ruling has found judges have the power to order security against litigation funders backing Fair Work class actions, in a decision that could change the landscape of representative proceedings.

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Battle ahead as Hanwha seeks to ‘strengthen’ solar patent after suing rivals for infringement
Intellectual Property 2019-10-02 4:15 pm By Miklos Bolza

Global solar panel manufacturer Hanwha Q CELLS wants to amend the patent behind its solar technology, more than six months after launching infringement proceedings against three rivals.

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University of Sydney wins IP rights case against ObjectiVision
Intellectual Property 2019-10-02 3:34 pm By Miklos Bolza

The University of Sydney has emerged triumphant in its long running battle over the intellectual property rights of a glaucoma testing device, with the Federal Court ruling against opthalmic diagnostic tool manufacturer ObjectiVision.

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ACCC ‘contaminated’ key evidence in ANZ criminal cartel investigation, court hears
Competition & Consumer Protection 2019-09-27 8:18 pm By Miklos Bolza

An investigation by the Australian Competition and Consumer Commission has come under fire by the banks and directors targeted in a criminal case over alleged cartel conduct that claim the regulator “contaminated” key evidence and improperly used material supplied by ASIC.

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‘We have a right to a fair trial’: ANZ criminal cartel defendant slams CDPP’s lack of detail
Competition & Consumer Protection 2019-09-25 3:38 pm By Amelia Birnie

Lawyers for former Citigroup executive Stephen Roberts have complained that prosecutors have failed to provide a ā€œshred of materialā€ to explain his alleged involvement in a criminal cartel relating to ANZā€™s $2.5 billion capital raising, as the defendants fight to grill Crown witnesses before trial.

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Businessman Charif Kazal gets last chance to fix ā€˜incomprehensibleā€™ case against Gilbert + Tobin
Corporate 2019-09-24 7:48 pm By Amelia Birnie

A judge has given Sydney businessman Charif Kazal a third and final opportunity to replead his ā€œsimply incomprehensibleā€ case against Gilbert + Tobin over the law firm’s involvement in a business dispute concerning a lucrative waste facility, despite saying it took ā€œan entire week to understand the arcane obscuritiesā€ of the pleading.

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Lloyd’s loses bid for quick dismissal of NAB’s $655M insurance lawsuit
Insurance 2019-09-23 8:46 pm By Cat Fredenburgh

Three syndicates of Lloyd’s London have failed in their bid to toss a case brought by National Australia Bank seeking Ā£357 million ($655 million) in insurance claims relating to two consumer redress schemes in the UK.

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Court not convinced ‘superhuman’ judge needed for back-to-back GetSwift hearings
Securities 2019-09-16 5:01 pm By Miklos Bolza

A Federal Court judge has dismissed an application by GetSwift to delay the hearing of a shareholder class action against it, despite arguments that a judge would need to be “superhuman” to hear the trial immediately after a civil penalty hearing brought by ASIC against the logistics company.

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