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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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High Court questions power to hold class action contests
Class Actions 2020-11-11 11:57 pm By Christine Caulfield

That a first filed case should be the presumptive winner in a competition between class actions seemed a losing argument before the High Court on Tuesday as the justices weighed a challenge to a ruling picking one among a group of class actions against AMP, but the court also appeared skeptical of the power to hold wide ranging inquiries into the merits of competing cases.

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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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Top judge nudges ASIC, Allianz away from ‘bastardised’ pleadings in travel insurance case
Insurance 2020-11-11 3:28 pm By Spencer Fowler Steen

The Federal Court’s top judge has cautioned ASIC and insurers Allianz and AWP against presenting a “bastardised form of pleading” in the financial watchdog’s action over the alleged misleading sale of travel insurance to over 31,000 consumers.

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Judge questions vulnerability of group members in Robodebt class action
Class Actions 2020-11-11 2:40 pm By Miklos Bolza

A judge has expressed doubts that every group member in the Robodebt class action is vulnerable, as the parties gear up for two-week trial in the high-profile case over the unlawful debt recovery method that begins Monday.

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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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Clive Palmer’s lawyer doubtful McGowan defamation suit can settle in mediation
Defamation 2020-11-10 9:47 pm By Miklos Bolza

A barrister for billionaire Clive Palmer has expressed doubt that the mining magnate’s defamation case against Western Australia Premier Mark McGowan can be resolved in mediation.

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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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Climate change lawsuit ‘hopelessly defective’, court told
Environment 2020-11-10 2:44 pm By Miklos Bolza

The Federal Government has critised as “hopelessly defective” a lawsuit alleging it failed to disclose the impacts of climate change to investors in sovereign bonds, and the judge overseeing the matter has also raised concerns about the case.

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Litigation funder wins appeal over security for costs in Fair Work class actions
Employment 2020-11-10 2:25 pm By Christine Caulfield

Litigation funder Augusta Ventures has won its challenge to a landmark ruling that it pay $3.1 million in security for the costs of two Fair Work class actions it is financing on behalf of casual mine workers.

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