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‘This game is over’: judge ready to toss Iluka class action over ongoing funding dramas
Class Actions 2019-08-15 3:45 pm By Amelia Birnie

The applicants in the Iluka Resources shareholder class action have less than a week to lock-in a $1.25 million security for costs, after the judge overseeing the case asked if he was allowed to dismiss proceedings himself following six months of being “very patient” about ongoing funding dramas.

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Hytera can’t blame Motorola for not alerting it to source code theft sooner
Intellectual Property 2019-08-14 10:58 pm By Cat Fredenburgh

Hytera can’t point the finger at Motorola for not alerting it to the alleged theft of the US telco’s source code by former employees sooner, as the first phase of the high stakes, high intrigue IP trial draws to a close.

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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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Garuda reveals debts of $480M, but can’t dodge $19M cartel fine yet
Competition & Consumer Protection 2019-08-09 5:18 pm By Miklos Bolza

Indonesian airline Garuda has failed in its bid to stay a $19 million penalty for its role in a fuel surcharge cartel after telling the Federal Court it has debts of $480 million, with a judge saying he would be allowing the company to trade while insolvent if he granted the stay.

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Full Court docket stacked with class action appeals
Appeals 2019-08-08 10:54 pm By Christine Caulfield

The Full Federal Court is set to hear appeals in four class actions in the August sitting, giving the court a chance to address important issues, including cost-capping in joint class actions and security for costs in unfunded cases. Here, we give you the run-down on each of the upcoming challenges.

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‘Sigh’: Judge inadvertently sends email to applicant, and reveals he’s human
Article 2019-07-25 3:28 pm By Christine Caulfield

A Federal Court judge has admitted he insulted an applicant in a case against the Commonwealth when he inadvertently sent her an email meant for his associate, in which he sarcastically used the word “sigh” in response to the applicant advising the court of her hospitalisation.

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Iluka threatens class action dismissal bid amid ongoing funding concerns
Class Actions 2019-07-24 9:19 pm By Amelia Birnie

Mineral sands producer Iluka Resources is threatening a dismissal bid in a shareholder class action it has spent $2 million fighting over the past year, amid concerns proposed security could be inadequate and the applicant has still to finalise an agreement with a litigation funder.

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More than a ‘scintilla of inventiveness’: Motorola defends source code as Hytera trial kicks off
Intellectual Property 2019-07-22 8:01 pm By Amelia Birnie

Patents at the centre of a high stakes IP dispute between tech giants Motorola and Hytera have significantly more than the necessary “scintilla of inventiveness” to be deemed valid, Motorola said on the first day of a month-long trial.

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CEO taken to court for allegedly paying nanny $2.33 an hour
Employment 2019-07-17 10:12 pm By Christine Caulfield

The CEO of a property development company faces enforcement action by the Fair Work Ombudsman for allegedly paying his nanny $2.33 an hour for over 100 hours of work a week.

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Garuda may face contempt motion for ‘unthinkable’ failure to pay $19M cartel fine
Competition & Consumer Protection 2019-07-12 9:00 pm By Miklos Bolza

Indonesian national airline Garuda faces a possible contempt motion by the competition regulator for failing to pay a $19 million court-issued fine after it was found guilty of air cargo price-fixing, a failure a judge called “almost unthinkable”.

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