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Decade-long dispute over vehicle parking monitoring patent rolls on
Appeals 2020-07-09 7:04 pm By Cat Fredenburgh

Vehicle Management Systems will take another crack at opposing a patent application by rival SARB Management Group for an integrated magnetic parking overstay detector.

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Queensland Nickel liquidators appeal $100M loss in case against Clive Palmer
Appeals 2020-07-08 7:35 pm By Christine Caulfield

The liquidators of Clive Palmer’s Queensland Nickel are appealing a win for the billionaire in their case over the collapse of the refinery in 2016, which centred on $102 million in loans allegedly paid by Queensland Nickel to Palmer’s Mineralogy.

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ACCC appeals ruling that unconscionable conduct requires victims to have special disadvantage
Competition & Consumer Protection 2020-07-08 6:15 pm By Christine Caulfield

The ACCC is challenging a ruling that dismissed the watchdog’s claim that property investment company Quantum Housing Group engaged in unconscionable conduct in misleading investors in the National Rental Affordability Scheme, saying the legal test for finding unconsionability under the consumer law needed clarifying.

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Mylan loses Lipidil appeal, despite court finding proof of intention not needed for Swiss-style claims
Intellectual Property 2020-07-03 5:27 pm By Miklos Bolza

Mylan Health has lost its challenge to a ruling that invalidated three patents related to its blockbuster cholesterol drug Lipidil, despite the appeals court finding the primary judge had erred by ruling that proof of intention was required for Swiss-style claims.

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‘Tabloid crusade’: Judges toss Daily Telegraph’s appeal in Geoffrey Rush defamation case
Appeals 2020-07-02 9:37 am By Alison Eveleigh

Daily Telegraph publisher Nationwide News has failed in its appeal of a judgment that found it defamed Geoffrey Rush in articles that accused the Oscar-winning actor of sexually inappropriate behaviour, with an appeals court describing the stories as a ā€œsensationalised tabloid crusadeā€.

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Spotless on the hook for redundancy pay after losing appeal
Employment 2020-07-01 9:41 pm By Alison Eveleigh

Cleaning services giant Spotless must pay redundancy entitlements to a group of workers it sacked, after failing to convince a court of appeal that it was exempt from making the payments.

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Sequenom’s ‘incorporeal’ prenatal genetic test unpatentable, Ariosa tells Full Court
Intellectual Property 2020-06-29 9:12 pm By Miklos Bolza

Ariosa Diagnostics is fighting to revoke a patent for noninvasive prenatal test owned by Sequenom, arguing it merely describes how to extract “incorporeal” genetic information that is naturally found within the DNA of an unborn foetus.

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Judge scolds law firms behind competing Boral class actions
Class Actions 2020-06-29 8:33 pm By Alison Eveleigh

A judge has scolded the law firms behind competing shareholder class actions against Boral for delaying progress of the proceedings, but may wait until the High Court’s ruling on the AMP class action beauty parade before deciding which of three potential class actions should move forward.

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ASIC loses appeal in responsible lending case against Westpac
Financial Services 2020-06-26 12:06 pm By Christine Caulfield

The Australian Securities and Investments Commission has failed in a high-profile challenge to a ruling for Westpac in its responsible lending case against the bank, with an appeals court majority saying the regulator read too much into the national credit laws.

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ACCC takes Pacific National, Aurizon terminal deal challenge to High Court
Competition & Consumer Protection 2020-06-26 10:15 am By Christine Caulfield

The competition regulator wants the High Court to hear its challenge to Pacific National’s $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, saying the deal would entrench the rail freight carrier’s near monopoly on the east coast of Australia.

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