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Octaviar class action appeal ‘completely misconceived’, Full Court hears
Class Actions 2019-02-15 10:52 pm By Miklos Bolza

A judge’s decision to halt questioning about ASIC emails in a class action trial over the 2008 collapse of finance group Octaviar didn’t shut the case down, the Public Trustee of Queensland has told the Full Federal Court, calling the appeal of the class action’s dismissal “completely misconceived”.

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Motorola slams Hytera for ‘unprofessional’ 11th-hour affidavits in long-running IP suit
Intellectual Property 2019-02-15 10:05 pm By Miklos Bolza

Motorola has accused rival Hytera Communications of a “deliberate strategy” of filing late affidavits to throw Motorola off in an already highly contentious patent and copyright case over digital radio devices.

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Maurice Blackburn faces trade mark infringement suit over Fearless Girl replica
Intellectual Property 2019-02-15 10:04 pm By Christine Caulfield

US financial services giant State Street Global Advisers has brought legal action against Maurice Blackburn Lawyers, alleging the law firm’s plan to erect a copy of its Fearless Girl statue in Australia violates its trade mark and breaches consumer laws.

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Michaelia Cash denies referring union donation to watchdog to hurt Bill Shorten
Employment 2019-02-15 2:13 pm By Christine Caulfield

Liberal Senator Michaelia Cash has denied she referred concerns about a $100,000 donation by the Australian Workers’ Union to the union watchdog to damage Labor leader Bill Shorten, telling a court Friday her referral was “in the public interest”.

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Parts used in Holden upgrades don’t infringe GM’s designs, court says
Intellectual Property 2019-02-14 11:31 pm By Cat Fredenburgh

GM Holden has lost most of its case for design infringement against a company that imported and distributed spare car parts used to “up-spec” lower range Holden models, in the court’s first test of the Designs Act’s repair defence.

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Judge orders recalculation of ‘excessive’ $5.8M bill by liquidators of SK Foods unit
Restructuring & Insolvency 2019-02-14 10:02 pm By Christine Caulfield

A $5.8 million bill for four years’ work by the liquidators of SK Foods unit Cedenco has been criticised by a judge as “outside the band of reasonable remuneration” and will have to be recalculated.

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Halted questioning about ASIC emails warrants Octaviar class action re-trial, court hears
Class Actions 2019-02-14 9:42 pm By Miklos Bolza

Critical emails from ASIC regarding a $250 million loan facility to Octaviar Group before its 2008 collapse were not only overlooked by the Public Trustee of Queensland in its role overseeing the firm’s finances but were wrongly deemed irrelevant by the judge that heard the case, the Full Federal Court was told.

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Who reads law firm websites? Judge skeptical of online class action notice
Class Actions 2019-02-14 9:04 pm By Miklos Bolza

A judge overseeing a class action against the NSW government over a contractor who sold injured workers’ information to Bannister Law has questioned the effectiveness of placing ads for group members on law firm websites, saying she didn’t think it would “draw the matter to anyone’s attention”.

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Mylan appeals loss to Sun Pharma over cholesterol drug patent
Intellectual Property 2019-02-14 11:31 am By Cat Fredenburgh

Mylan has appealed a ruling invaliding claims of its cholesterol drug patent and dismissing its patent infringement case against Sun Pharma.

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Judge slams Fuchs evidence as ‘absolute garbage’ in spat over privileged docs
Intellectual Property 2019-02-13 10:09 pm By Miklos Bolza

A judge has panned evidence put on by Fuchs Lubricants in a patent dispute with Quaker Chemical as “woefully inadequate” and “absolutely garbage”, partially shooting down the firm’s attempt to block discovery of allegedly privileged documents.

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