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With Full Court still out, judge vacates trial date in Vocation class action
Class Actions 2019-10-11 10:52 pm By Christine Caulfield

Awaiting a Full Court ruling in a case involving similar claims of privilege against self-incrimination by partners at another accounting giant, the judge in a consolidated class action against PricewaterhouseCoopers over its auditing of the failed Vocation has vacated the February trial date.

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Funder in Toyota class action wants up to 30% commission
Class Actions 2019-10-10 10:25 pm By Christine Caulfield

The litigation funder bankrolling a new class action against Toyota over allegedly faulty filters in its diesel models is looking to earn a step-up commission of between 20 and 30 percent of any recovery in the case.

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Aristocrat wins Konami’s tax returns ahead of IP damages hearing
Intellectual Property 2019-10-09 3:12 pm By Miklos Bolza

Gaming giant Aristocrat Technologies Australia can look over the tax returns of rival Konami Australia as the two companies prepare for next week’s hearing over how much Konami should pay in damages for patent infringement.

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BlueScope avoids criminal cartel charges, but exec accused of obstructing ACCC probe
Competition & Consumer Protection 2019-10-08 11:56 am By Christine Caulfield

Prosecutors will not lay charges against BlueScope Steel over an alleged price-fixing conspiracy, but its former general manager of sales faces possible jail time after being charged with obstructing the ACCC’s investigation.

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Seiko wins general injunction against Calidad in ink cartridge patent case
Intellectual Property 2019-09-27 11:11 pm By Christine Caulfield

Imposing an injunction in general form against a patent infringer is not an undue burden in and of itself, the Full Federal Court has ruled in siding with printer giant Seiko Epson in its ongoing intellectual property fight with cartridge reseller Calidad.

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Businessman Charif Kazal gets last chance to fix ā€˜incomprehensibleā€™ case against Gilbert + Tobin
Corporate 2019-09-24 7:48 pm By Amelia Birnie

A judge has given Sydney businessman Charif Kazal a third and final opportunity to replead his ā€œsimply incomprehensibleā€ case against Gilbert + Tobin over the law firm’s involvement in a business dispute concerning a lucrative waste facility, despite saying it took ā€œan entire week to understand the arcane obscuritiesā€ of the pleading.

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‘We want to send a message to the courts’: ACCC’s Sims flags importance of potential competition in merger review
Competition & Consumer Protection 2019-09-23 4:08 pm By Miklos Bolza

The ACCC’s recommended changes to the merger review framework that would require regulators to weigh whether a proposed acquisiton involved a potential competitor was a message to judges to rethink how they approached merger cases, the head of the watchdog said Monday.

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After questioning funder’s cut, judge quietly approves KPMG class action settlement scheme
Class Actions 2019-09-19 9:36 pm By Cat Fredenburgh

A judge has quietly given his seal of approval to a settlement distribution scheme in a class action against KPMG, after raising questions about Piper Alderman’s legal bill and the litigation funder’s “arguably excessive” cut of the confidential settlement.

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Steel giant BlueScope could face criminal charges over alleged cartel
Competition & Consumer Protection 2019-09-18 10:08 pm By Christine Caulfield

Prosecutors are weighing criminal charges over alleged cartel conduct the subject of a price-fixing case by the ACCC against BlueScope Steel and former general manager of sales Jason Ellis, a judge has revealed in rejecting a bid by the competition watchdog to suppress details of its case.

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Groundhog day for privacy tort
Expert Insights 2019-09-17 2:53 pm By Editor

The ACCC’s recommendation in its digital inquiry report for a statutory cause of action for serious invasions of privacy has merit as a mechanism to safeguard individual’s privacy where it is not protected by the Privacy Act or the patchwork of surveillance and related legislation. But it remains to be seen whether there will be any greater governmental impetus than on previous occasions to make the legislative changes required, writes Gilbert + Tobin partner Melissa Fai and lawyer Stephanie Essey.

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