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High Court takes up appeal in class action by Scenic Tours cruise passengers forced to bus it
Appeals 2019-09-13 11:06 pm By Christine Caulfield

The lead applicant in a class action by passengers of Scenic Tours luxury European river cruises who were forced to take the bus has partially won a bid for the High Court to hear an appeal of a mixed ruling on liability in the case.

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High Court rejects council’s appeal bid in Walla Walla tip fire class action
Appeals 2019-09-13 10:32 pm By Christine Caulfield

The High Court has cleared the way for victims of a rubbish tip fire that tore through 17,000 acres of farmland in the NSW Riverina to claim more than $20 million in damages in a class action, after rejecting an appeal bid by the local council.

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Full Federal Court declines to clarify standard for patentability of computer-implemented inventions
Intellectual Property 2019-09-13 10:05 pm By Cat Fredenburgh

A five-judge panel of the Full Federal Court has found two innovation patents by financial software company Encompass Corp. are not a manner of manufacture, but held back on providing more clarity on the test for the patentability of computer-implemented inventions.

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Otsuka changes tack in Abilify patent case after landmark Wyeth ruling
Intellectual Property 2019-09-11 8:49 pm By Miklos Bolza

Otsuka Pharmaceuticals and Bristol Myers-Squibb are seeking to withdraw admissions in patent litigation against Generic Health over anti-psychotic drug Abilify, following a landmark ruling last year against Wyeth that clarified the issue of compensation under the usual undertaking for damages in pharmaceutical patent cases.

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ASIC to challenge ‘uncertainty’ of Westpac responsible lending decision
Appeals 2019-09-10 9:07 pm By Amelia Birnie

The Australian Securities and Investments Commission has filed an appeal against the Federal Court’s responsible lending ruling in favour of Westpac, arguing the decision had created uncertainty around the obligations of credit providers.

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Hytera takes another shot at defending Motorola theft claims
Appeals 2019-09-09 2:11 pm By Cat Fredenburgh

Hytera will take another shot at winning court approval to amend its defence so it can blame Motorola for not alerting it to the alleged theft of the US telco’s source code by former employees sooner.

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Full Federal Court dismisses Linfox’s $45M fuel tax challenge as ‘too weak’
Tax 2019-09-05 2:42 pm By Amelia Birnie

The Full Federal Court has dismissed Linfox’s $45 million fuel tax credit appeal, finding the Australian logistics company’s argument was ‘too weak or uncertain’ to conclude that it was being over-taxed on major toll roads across the country.

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‘Affront to equality’: High Court trashes rule allowing self-repped lawyers to claim costs
Appeals 2019-09-04 11:31 pm By Cat Fredenburgh

The High Court has done away with a rule that allowed self-represented lawyers to claim costs for legal proceedings, calling the exception an “affront to the fundamental value of equality of all persons before the law”.

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ACCC loses appeal in cartel case over coal mining licences
Appeals 2019-09-04 3:46 pm By Miklos Bolza

The Australian Competition and Consumer Commission has failed in its challenge to a ruling that dismissed its bid-rigging case over mining exploration licences involving Cascade Coal and the sons of jailed Labor politician Eddie Obeid.

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Glencore prevails in $92M court battle with ATO
Tax 2019-09-03 10:58 pm By Christine Caulfield

Commodity trading and mining company Glencore has won a fight with the Australian Taxation Office over a $92 million tax bill related to copper purchased from a subsidiary operating the Cobar mine in NSW.

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