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ASIC suffers another loss in Westpac dodgy home loan case
Financial Services 2018-12-11 11:14 pm By Christine Caulfield

The Australian Securities and Investments Commission has lost a bid to have the Federal Court decide a threshold legal question in its dodgy home loan case against Westpac, which is going to trial after a $35 million settlement got the thumbs down.

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ACCC wants $1.5M fine against struggling debt collector
Competition & Consumer Protection 2018-12-11 9:08 pm By Miklos Bolza

The consumer watchdog has sought more than $1.5 million in penalties against debt collector ACM Group after the company was found liable for harassing vulnerable customers, but a judge on Tuesday questioned whether the fine, which could leave the company insolvent, was too punitive.

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IP Australia to call for dismissal of novel building patent case
Intellectual Property 2018-12-11 3:41 pm By Miklos Bolza

The Commissioner of Patents will seek to toss a case simultaneously challenging its decisions to accept, grant and certify an innovation patent owned by one of Australia’s biggest building product firms.

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Workpac gets slap on the wrist in casual worker case
Employment 2018-12-11 2:45 pm By Christine Caulfield

Labour hire company Workpac has been fined just $1,650 after a groundbreaking Full Federal Court decision that a casual employee could be eligible for annual leave, with a judge saying the low penalty reflected the lack of clarity in the law.

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Funder in Murray Goulburn class action seeks 28% cut
Class Actions 2018-12-11 1:28 pm By Cat Fredenburgh

The funder that’s bankrolling a shareholder class action against Murray Goulburn is seeking court approval for a funding agreement under which it would get a 28 per cent cut of any settlement.

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Rokt judgment could provide clarity on software patentability
Intellectual Property 2018-12-11 12:48 pm By Cat Fredenburgh

The court will issue a judgment Wednesday in one of two closely watched cases awaiting judgment that may move the dial on the patentability of computer software.

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Commonwealth slams Otsuka’s ‘inconsistent’ defences in Abilify patent case
Intellectual Property 2018-12-10 10:02 pm By Miklos Bolza

The Commonwealth has urged the court to strike out the “inconsistent” pleadings of pharmaceutical firms Otsuka and Bristol-Myers Squibb in a patent case over the antipsychotic drug Abilify, calling them a “scandal” which could bring disrepute to the administration of justice.

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D’Aquino Bros says it can prove its Scotch Whisky is the real deal
Intellectual Property 2018-12-10 9:01 pm By Christine Caulfield

Defending against a fourth trade mark infringement lawsuit by the UK’s Scotch Whisky Association, Australian liquor retailer D’Aquino Bros has told a court all of its Scotch Whisky was distilled in Scotland, and it has the paperwork to prove it.

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Judge tosses Penthouse publisher’s case over Milo Yiannopoulos, Nigel Farage tour fees
Media 2018-12-10 6:42 pm By Cat Fredenburgh

Penthouse publisher Damien Costas has lost a dispute related to fees he allegedly owes a publicist for the book tours of far-right provocateur Milo Yiannopoulos and Brexit architect Nigel Farage, after a judge found Costas’ solicitors had failed to effect proper service.

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Google, Facebook have ‘ability and incentive’ to abuse market power, ACCC says
Competition & Consumer Protection 2018-12-10 3:11 pm By Cat Fredenburgh

Google and Facebook should be regulated given the potential they have to wield their monopoly powers in ways that would harm consumers, the ACCC said in its highly anticipated preliminary report into the digital platforms.

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