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Qudos Bank wins source code from Infosys as it weighs possible IP case
Intellectual Property 2019-05-20 11:33 pm By Christine Caulfield

Technology consulting group Infosys must hand over more documents — including source code — to Qudos as the mutual bank considers a possible copyright infringement and breach of contract case in the wake of a soured deal to help overhaul its online banking platform.

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Common fund orders on shaky ground as High Court grants special leave to Westpac, BMW
Analysis 2019-05-15 9:58 pm By Christine Caulfield

The writing may be on the wall for common fund orders in class actions that put all unregistered group members on the hook for a litigation funder’s commission, after the High Court agreed Wednesday to take up landmark challenges by Westpac and BMW, experts say.

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High Court to hear challenge to common fund orders in class actions
Appeals 2019-05-15 12:19 pm By Christine Caulfield

The High Court has granted applications by Westpac and BMW to weigh in on the validity of common fund orders made in class actions, a decision that could have major ramifications for the way representative proceedings are funded.

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Ex-Babcock & Brown execs dodge case over botched $1.4B acquisition
Corporate 2019-05-14 10:00 pm By Christine Caulfield

A court has dismissed a long-running case against defunct Babcock & Brown executives by a private investment fund over a botched $1.4B acquisition of the biggest laundry equipment provider in the US, saying the executives did not breach their duties by failing to disclose that the bank underwriting the deal allegedly wanted out.

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Trial in Fitch Ratings class action delayed a second time
Class Actions 2019-05-13 10:43 pm By Cat Fredenburgh

A battle over expert evidence in an invester class action against Fitch Ratings has delayed this month’s scheduled trial in the case by three months and forced the court to send the parties’ experts into conclaves.

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Queensland Sugar in sweet victory as Wilmar negligence case dismissed
Contracts 2019-05-13 9:13 pm By Christine Caulfield

Industry-owned Queensland Sugar Limited has succeeded in dismissing a court case brought by Wilmar Sugar Australia after record-high rainfalls led to a $60.8 million loss in 2010.

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Oil spill class action trial delayed by expert evidence filed ‘without leave, without notice’
Class Actions 2019-05-06 9:07 pm By Amelia Birnie

The Montarra oil spill class action trial has been pushed back by two weeks, following the filing of late expert evidence by the applicants “without leave, without notice,” according to oil company PTTEP.

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Foxtel can’t revoke China Unicom trade mark after Allens misses deadline
Intellectual Property 2019-05-01 11:45 pm By Christine Caulfield

Pay TV giant Foxtel has lost an appeal of an IP Australia decision refusing to revoke a trade mark by telco China Unicom after a failure of the trade mark office’s online filing system meant its law firm, Allens, missed the deadline for opposing the mark.

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Judge slams as ‘rubbish’ legal privilege claims in CIMIC class action lawyer’s affidavit
Class Actions 2019-05-01 2:35 pm By Christine Caulfield

A judge overseeing discovery in a class action against global engineering company CIMIC Group has called out the legal profession for an “extraordinary” new trend of relying on solicitors’ affidavits in claiming privilege over evidence.

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Charges still not finalised in groundbreaking ANZ criminal cartel case
Competition & Consumer Protection 2019-04-09 11:05 am By Miklos Bolza

Charges in the criminal cartel case against ANZ, Citigroup and Deutsche Bank over a $2.5 billion ANZ institutional share placement have yet to be finalised, almost a year after the proceeding was filed.

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