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Full Federal Court rejects US exception to privilege against self incrimination
Appeals 2019-11-05 3:33 pm By Cat Fredenburgh

The sole director and shareholder of OE Solutions can challenge a ruling ordering him to hand over seized documents to Australian automotive electronics developer Directed Electronics OE, with the Full Federal Court declining to adopt US precedent that carves out an exception to the privilege against self-incrimination for corporate custodians.

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Domino’s can’t block funder from viewing unredacted docs in class action
Class Actions 2019-11-05 1:58 pm By Miklos Bolza

The Federal Court has rejected an “unusual” confidentiality regime proposed by Domino’s Pizza Enterprises which would have resulted in restricted access to discovered documents for the funder backing the class action against the global fast food giant.

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Nationwide drops judicial bias claim in Geoffrey Rush defamation appeal
Defamation 2019-11-04 11:09 pm By Cat Fredenburgh

Nationwide News is backpedaling from claims that a $2.9 million defamation judgment won by actor Geoffrey Rush should be overturned because of apprehended bias on the part of the trial judge.

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Encompass patents don’t pass muster with IP Australia, despite amendment
Intellectual Property 2019-11-04 5:51 pm By Cat Fredenburgh

IP Australia has found two Encompass innovation patents that were at the centre of a highly anticipated Full Federal Court ruling on the patentability of computer software do not describe a manner of manufacture, despite an amendment from the financial software company.

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ASIC secures disqualifications, fines against Vocation directors
ASIC 2019-11-04 2:15 pm By Christine Caulfield

Three former Vocation executives  — including former federal Treasurer John Dawkins — have been hit with disaqualification orders and fines totalling $125,000 after a court found they breached their directors’ duties ahead of the collapse of the education provider.

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ASIC wins admissions from NAB in $100M fees for no service case
ASIC 2019-11-04 1:30 pm By Cat Fredenburgh

A hearing scheduled for next year in the Australian Securities and Investments Commission’s case against two NAB wealth management units will focus solely on how steep a penalty the bank should face after it made admissions about its fees for no service conduct.

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ACCC’s cartel case against BlueScope years in the making, court told
Cameron Moore 2019-11-01 11:13 pm By Christine Caulfield

The competition regulator has been probing alleged cartel conduct by steel giant Bluescope for a number of years, counsel for the company told a court Friday as it sought transcripts of the watchdog’s compulsory interviews of witnesses and asked for five months to put on a defence.

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Funder to fight for Murray Goulburn class action commission, as milk supplier settles second case
Class Actions 2019-11-01 9:48 pm By Christine Caulfield

Murray Goulburn has agreed to pay $37.5 million to resolve the second of two shareholder class actions over its 2016 profit forecasts, as the $42 million settlement of the first class action is held up over questions about the litigation funder’s commission. 

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Expanded class definition tossed in Ethicon pelvic mesh class action
Class Actions 2019-11-01 9:42 pm By Miklos Bolza

A Federal Court judge has reversed a prior ruling expanding the class in a lawsuit against Johnson & Johnson unit Ethicon over allegedly defective pelvic mesh implants, saying he had “no confidence” new group members would have sufficient opportunity to opt out before judgment is delivered in a few weeks.

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‘Time for commercial reality to bite’: Judge orders class closure in Takata air bags class actions
Class Actions 2019-11-01 3:30 pm By Cat Fredenburgh

The judge overseeing seven class actions against some of the world’s largest car makers over defective Takata airbags has ordered that class closure take place in advance of mediation, saying it was “time…for commercial reality to bite”.

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