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ICAP scolded for ‘interlocutory skirmishes’ in employee poaching spat
Employment 2019-08-14 3:57 pm By Miklos Bolza

A judge has criticised two units of global finance firm TP ICAP Group for “unnecessary and over technical interlocutory skirmishes” as they seek damages from two employees who jumped ship to a competitor and allegedly tried to poach staff.

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Dow AgroScience pest control patent lacks inventive step, IP Australia says
Article 2019-08-14 11:20 am By Miklos Bolza

IP Australia has rejected Dow AgriCulture’s bid to patent a smart pest control device, saying the invention lacks an inventive step.

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‘We’re not in the realm of snake oil’: AFT appeals Maxigesic judgment
Competition & Consumer Protection 2019-08-13 9:02 pm By Miklos Bolza

AFT Pharmaceuticals has challenged a Federal Court decision that found its Maxisegic ads were misleading and deceptive, saying the judge “set the bar too high” by requiring it to prove there was an adequate scientific foundation for its painkiller representations.

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$100 million class action trailblazer back in the ring with new case on behalf of farmers
Class Actions 2019-08-13 8:15 pm By Amelia Birnie

A trailblazing country lawyer who took out seven overdraft extensions to self-fund a landmark $100 million case in the early years of the federal class action regime has stepped back into the ring to run a new case on behalf of dozens of Australian farmers.

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Cladding maker 3A Composites points finger at third parties in class action defence
Class Actions 2019-08-13 6:15 pm By Miklos Bolza

German cladding manufacturer 3A Composites has denied that its cladding is unsafe and caused class members loss and damage, instead pointing the finger at unknown third parties and arguing the Federal Court does not have jurisdiction to hear the matter.

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Westpac defeats ASIC home loan case
Breaking News 2019-08-13 11:43 am By Amelia Birnie

Westpac has defeated a responsible lending case brought by the Australian Securities and Investments Commission in relation to almost 262,000 home loans, with the Federal Court finding the corporate regulator misinterpreted the operation of national lending laws.

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Ultra Tune appeals ‘manifestly excessive’ penalty for breaching Franchising Code
Competition & Consumer Protection 2019-08-12 9:11 pm By Miklos Bolza

National car repair franchise Ultra Tune has argued in a Full Federal Court appeal that a $1.07 million penalty in an ACCC case was “manifestly excessive” because it was based on unintentional breaches of the Franchising Code of Conduct that were caused by tardy accountants and auditors.

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Judge won’t join insurer to Reed Construction liquidator’s insolvent trading case
Restructuring & Insolvency 2019-08-12 5:55 pm By Amelia Birnie

A judge has refused to join the insurer of collapsed Sydney builder Reed Constructions to insolvent trading proceedings brought by the company’s liquidators, after finding it was unreasonable to expect the insurance company to irrevocably confirm coverage.

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ASIC drops market manipulation appeal against NAB contractor Whitebox
Securities 2019-08-12 3:36 pm By Amelia Birnie

ASIC has abandoned its market manipulation case against National Australia Bank contractor Whitebox Trading, just over a month after the financial regulator decided to appeal the Federal Courtā€™s primary decision to throw out their case.

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ā€˜Dangerous propositionā€™: Judge refuses early liability determination in Dick Smith insurer class action
Class Actions 2019-08-12 1:34 pm By Amelia Birnie

The plaintiffs in an investor class action brought against the insurers of Dick Smith have lost an early bid to determine the viability of their claim, amid concerns that the total value of five separate cases against the failed retailer will exhaust the $300 million limit of two insurance policies.

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