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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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Judge grants costs for anti-suit injunction after Ford class action ‘misadventure’
Class Actions 2019-07-10 4:11 pm By Miklos Bolza

The Federal Court has granted auto giant Ford’s request for the costs of an anti-suit injunction it sought in the PowerShift transmission class action that was ultimately unnecessary after the class was denied its bid to access discovery from similar proceedings in the United States.

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Malaysia Airlines settles class action by Australian MH17 families
Class Actions 2019-06-26 4:01 pm By Christine Caulfield

Malaysia Airlines has reached a settlement with five Australian families whose loved ones were killed when flight MH17 was shot down over eastern Ukraine by a Russian missile five years ago.

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Investors can’t revive class action over Octaviar collapse
Appeals 2019-06-21 9:27 pm By Miklos Bolza

An appeals court has tossed a challenge to the dismissal of an investor class action against the Public Trustee of Queensland over a failure to predict the 2008 collapse of Gold Coast-based finance group Octaviar, finding that the class had run a case based on allegations outside of its claims.

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Mystery woman emerges as potential source of ‘industrial espionage’ against Motorola
Intellectual Property 2019-06-19 9:05 pm By Amelia Birnie

The potential source of alleged “industrial espionage” in Motorola’s case against Hytera over the intellectual property for its digital radio mobile devices has been revealed as a mystery woman with two laptops that contained a “very large number of Motorola documents”, a court has heard.

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