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Advanta patent lapses after renewal correspondence sent to departed employees
Intellectual Property 2020-11-25 4:29 pm By Cat Fredenburgh

Advanta Seeds has been denied more time to pay renewal fees for its patent for a hybrid plant cell after correspondence from its lawyers about the renewal was sent to employees that had left the company and the patent renewal fell through the cracks during a 2016 systems upgrade.

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Insurer not on the hook for Opal Tower concrete manufacturer’s legal bills
Insurance 2020-11-25 1:36 pm By Miklos Bolza

The prefab concrete specialist behind Sydney’s Opal Tower has lost a courtroom bid to have its insurer pay costs in advance incurred in defending cross-claims in two lawsuits over the ill-fated tower.

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ACCC says Kogan should pay $2M for misleading promotion
Competition & Consumer Protection 2020-11-24 9:54 pm By Spencer Fowler Steen

The Australian Competition and Consumer Commission is seeking $2 million in penalties against Kogan, after a judge found statements the online retailer made during a 2018 promotion were misleading and drew consumers into the company’s “marketing web”.

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Former prosecutor in Victoria OPP’s sex offences unit loses appeal in PTSD case
Employment 2020-11-24 9:50 pm By Christine Caulfield

An appeals court has overturned a $435,000 win for solicitor Zagi Kozarov, a former prosecutor in the Victorian Office of Public Prosecutions specialist sexual offences unit, in her case blaming her working conditions for her severe post-traumatic stress disorder and depression.

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AMP clashes with BOLR class action over releases for financial advisers
Financial Services 2020-11-24 6:52 pm By Christine Caulfield

Lawyers behind a class action against AMP over changes to its buyer of last resort policy have told a court the parties can’t agree on releases attached to BOLR payments that require exiting financial advisers to waive their claims in the litigation.

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Government may block GetSwift’s relocation to Canada while litigation on foot
Corporate 2020-11-24 5:50 pm By Cat Fredenburgh

Treasurer Josh Frydenberg has indicated the government may oppose GetSwift’s bid to relocate to Canada while it’s facing a $50 million shareholder class action and ASIC enforcement proceedings, a move which a judge recently described as “not a good look”.

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iSignthis CEO John Karantzis rejected $30,000 offer by AFR ahead of defamation suit
Defamation 2020-11-24 12:09 pm By Christine Caulfield

The CEO of fintech company iSignthis turned down an offer by the Australian Financial Review to pay $30,000 and retract portions of an article he claimed falsely linked him to a money laundering scheme, but his defamation case against publisher Fairfax might not proceed to trial if the judge overseeing the case can help it.

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Clive Palmer ends legal battle with Coolum Resort villa owners
Real Estate 2020-11-24 9:12 am By Christine Caulfield

Billionaire Clive Palmer has reached a deal to end his many legal woes with villa owners at the shuttered Palmer Coolum Resort in Queensland, a month after his $21 million settlement offer was rejected.

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Rio Tinto execs’ trial can wait until COVID-19 vaccine, court hears
COVID-19 2020-11-23 10:32 pm By Spencer Fowler Steen

A former Rio Tinto executive living in the US who wants to appear in person at an upcoming trial in a case brought by ASIC says the hearing should be moved to next year when a COVID-19 vaccine will likely become available and he could travel to Australia to “mount a vital defence”.

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Judge tosses most of ACCC’s defective caravans case against Jayco
Competition & Consumer Protection 2020-11-23 7:24 pm By Christine Caulfield

A judge has dismissed the bulk of a consumer case brought by the ACCC against caravan and campervan manufacturer Jayco Corp, finding that the regulator’s action fell short of proving allegations of unconscionable conduct.

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