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Full Court parks opposition to patent for detecting parking overstays
Appeals 2021-12-09 12:01 pm By Miklos Bolza

Tech company Vehicle Management Systems has come up short in its third attempt to block competitor SARB Management Group’s patent application for a magnetic parking overstay detector, with the Full Court rejecting claims that VMS’ managing director should have been listed as the device’s inventor.

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Port of Newcastle can charge Glencore higher access fees, High Court rules
Competition & Consumer Protection 2021-12-08 6:57 pm By Miklos Bolza

The Port of Newcastle has largely won its High Court fight with mining giant Glencore over access fees and will now be able to set a higher price for use of the port’s facilities.

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Full Court throws out ‘mistaken’ judgment on AFT’s Maxigesic ads
Competition & Consumer Protection 2021-12-07 6:18 pm By Miklos Bolza

A judge was “mistaken” to find that AFT Pharmaceuticals’ ads for its painkiller Maxigesic were misleading, with the Full Federal Court ruling there was an adequate scientific foundation for the ads’ claims that the drug provided faster, better pain relief than paracetamol and ibuprofen alone.

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Linchpin director loses second shot at staying appeal of 5-year ban
Financial Services 2021-12-07 5:47 pm By Bianca Hrovat

Former Linchpin Capital director Peter Eugene Daly has come up short in his second bid to stay his appeal of a ruling that banned him from providing financial services for five years in light of separate proceedings brought by ASIC.

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On trial for ‘parody of court hearing’, judge says he made a mistake
Trials 2021-12-06 9:25 pm By Bianca Hrovat

A Federal Circuit Court judge has hit back at accusations he conducted “the grossest parody of a court hearing” when he unlawfully imprisoned a Queensland man for contempt of court, telling a trial “he is a human being [who] made a mistake”.

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Class closure question expected to go up to High Court
Class Actions 2021-12-06 3:56 pm By Christine Caulfield

More than 18 months after a split emerged among the courts, the Full Federal Court will weigh in on whether judges have power to shut out unregistered group members from a class action. But given the breadth of the question for the appeals court, the issue is unlikely to be resolved there.

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Court tosses appeal of $1.96M judgment awarded to cryptocurrency trader
Appeals 2021-12-03 2:12 pm By Cindy Cameronne

An appeals court has thrown out a challenge to a judgment awarding a cryptocurrency trader $1.96 million in cash and a property purchased for $1.5 million over a deal with a convicted fraudster involving “millions of dollars of cash in bags and suitcases”.

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High Court shuns Apple’s last shot at shipping Epic Games dispute to US
Appeals 2021-12-02 2:26 pm By Cat Fredenburgh

Apple has reached the end of the line in its attempts to move a competition dispute with Fortnite game maker Epic Games to California, with the High Court denying the tech company’s special leave application to appeal a judgment that found there were “strong reasons” for keeping the matter in Australia.

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Judge orders Employsure to pay $1M after ‘gagging’ at ACCC’s proposed sum
Employment 2021-11-30 5:43 pm By Bianca Hrovat

Specialist workplace relations consultancy Employsure has been ordered to pay a $1 million penalty over a series of misleading Google advertisements, a figure significantly lower than the $5 million sought by the Australian Competition and Consumer Commission.

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Singer Katy Perry accused of trying to ‘snuff out’ Aussie fashion designer
Intellectual Property 2021-11-29 9:52 pm By Bianca Hrovat

US pop star Katy Perry has been accused of using her “financial might” to “snuff out” the small business of an Australian fashion designer, as trial kicked off in a long-running intellectual property dispute over the rights to use the Katy Perry trade mark in Australia.

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