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Full Court gives Branhaven another shot at bovine gene patent
Intellectual Property 2020-10-09 3:57 pm By Cat Fredenburgh

Australia’s leading livestock group cannot block US company Branhaven from amending its application for a bovine genome patent, which the group has worried could harm the Australian cattle industry’s ability to use genetic tests.

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High Court won’t hear Rokt appeal on software patentability
Intellectual Property 2020-10-08 9:53 pm By Cat Fredenburgh

The High Court has declined to weigh in on the patentability of software, rejecting e-commerce company Rokt’s bid for review of a decision striking down its marketing invention.

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HR company loses fight with tax office after paying debt with wrong EFT number
Tax 2020-10-06 9:36 pm By Christine Caulfield

The director of a defunct HR company has lost his bid to avoid paying a $384,000 tax bill after hundreds of thousands of dollars were sent to the tax office via the wrong EFT number and used to repay other debts the company owed.

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Michael Kodari can’t overturn $150,000 judgment for sacked bodyguard who sought legal advice
Employment 2020-10-02 3:49 pm By Miklos Bolza

Investment whiz Michael Kodari has lost his appeal of a $151,000 judgment awarded in favour of his former bodyguard, who lost his job — and his company Maserati — after wanting to seek legal advice about a new employment contract.

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Banksia judge to hear case against lawyer Alex Elliott after appeals court nixes recusal bid
Appeals 2020-10-02 1:54 pm By Christine Caulfield

An appeals court has dismissed a second bid by lawyer Alex Elliott to have the judge overseeing the Banksia class action disqualified from hearing claims that he, like his late father, was party to an alleged fraudulent scheme in running the litigation.

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Boehringer appeals failed opposition to Zoetis patents
Intellectual Property 2020-09-21 3:11 pm By Cat Fredenburgh

German drug maker Boehringer has launched a Federal Court fight against rival Zoetis after coming up short in its opposition to two Zoetis patents for pig vaccine-related inventions.

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Common fund orders under attack again in Takata airbags class action
Class Actions 2020-09-16 2:47 pm By Alison Eveleigh

Common fund orders are again under scrutiny in a class action which was at the centre of the High Courtā€™s decision to strike down the orders, with a NSW Supreme Court judge sending back to the appeals court the question of whether the orders can be made at settlement.

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FWC ‘misconstrued’ general protections authority, Full Court says in win for Coles
Employment 2020-09-14 6:00 pm By Christine Caulfield

A landmark judgment by the Full Federal Court has found that a full bench of the Fair Work Commission “misconstrued” its own authority to make general protections findings about the dismissal of employees.

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High Court won’t hear appeal in defamation case over Facebook comments
Defamation 2020-09-10 6:11 pm By Christine Caulfield

The High Court has rejected an appeal challenging a ruling that found a failed political candidate liable for defamatory responses made by readers of two Facebook posts he published that labelled a South Australian businessman greedy and selfish, but the court has left the door open to weigh in on the issue of secondary publication of social media comments.

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ā€˜An indulgenceā€™: Judge rejects stay as Alex Elliott appeals recusal loss in Banksia class action
Class Actions 2020-09-09 2:31 pm By Alison Eveleigh

The judge overseeing professional misconduct claims against lawyers in the Banksia class action has denied Alex Elliottā€™s request to stay the case against him while he takes his recusal application to the Court of Appeal, branding the stay ā€˜an indulgenceā€™.

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