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Schneider Electric faces patent infringement suit over Clipsal socket outlet
Intellectual Property 2020-01-16 5:30 pm By Cat Fredenburgh

A US communications infrastructure company has filed a patent lawsuit against the Australian arm of French energy tech giant Schneider Electric, which is accused of flagrant infringement with the sale of one of its Clipsal electric socket products.

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Liquidators of failed broker Berndale Capital want to grill former execs
Restructuring & Insolvency 2020-01-09 7:58 pm By Christine Caulfield

The liquidators of Melbourne-based forex trader Berndale Capital have filed examination proceedings in the Federal Court seeking to question the company’s former CEO and its other directors.

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Full Court says Oxworks wrongly awarded extra damages in patent suit
Intellectual Property 2020-01-09 5:14 pm By Miklos Bolza

The Full Federal Court has provided clarity around additional damages in patent cases by reducing the penalties liable to be paid by an Australian fencing and gate manufacturer found to have infringed a rival’s patent for a fence base.

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Dover can seek access to ASIC files in bid to prove ‘Orwellian’ client protection policy harmed no one
Financial Services 2019-12-20 11:04 pm By Christine Caulfield

Defunct Dover Financial, which faces a penalty hearing next year after it was found to have misled customers with an inaptly titled ‘client protection policy’, can bring an application for evidence from the corporate regulator that the policy did not harm anyone.

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‘Orwellian doublespeak’: Judge lashes Dover Financial’s client protection policy
ASIC 2019-11-22 11:10 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has won its case against defunct financial advisor Dover Financial and its former director, who famously collapsed during the banking royal commission, with a judge saying the company engaged in misleading and deceptive conduct through its inaptly titled ‘client protection policy’.

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Merlin Diamond creditors seek to shield rights over assets as liquidation looms
Restructuring & Insolvency 2019-11-11 5:23 pm By Miklos Bolza

A group of unsecured creditors of ‘Diamond Joe’ Gutnik’s mining firm Merlin Diamonds has launched a NSW Supreme Court bid to preserve their rights over security interests in the company as the clock ticks down to its impending liquidation.

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‘Mother’ consumers know best: IP Australia shuts down Monster Energy’s trade mark opposition
Intellectual Property 2019-11-08 11:32 pm By Cat Fredenburgh

Monster Energy has lost its opposition to coffee company Vittoria Food & Beverage’s proposed ‘Mothersky’ trade mark, with a delegate of the Trade Marks Office saying the energy drink company’s ‘Mother’ energy drink brand was so strong in the minds of consumers that there was no likelihood of confusion.

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Bail conditions set in obstruction case against former BlueScope exec
White Collar 2019-11-05 3:42 pm By Miklos Bolza

Bail conditions have been set for a former BlueScope Steel executive charged with obstructing an Australian Competition and Consumer Commission criminal cartel probe into the steel company, the first criminal charges ever brought against an individual in relation to an ACCC investigation.

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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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ASIC wins appeal in Westpac ‘personal advice’ case
Appeals 2019-10-28 2:06 pm By Cat Fredenburgh

The Full Federal Court has handed the Australian Securities and Investments Commission a win in a high-stakes appeal over what constitutes personal advice under financial services laws, finding Westpac violated its duty to act in its customers best interests through a superannuation rollover campaign.

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