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Claims in $40M class action against Whitehaven Coal ‘fanciful’, court told
Class Actions 2024-09-04 11:44 pm By Cindy Cameronne

Whitehaven Coal has struck back at a class action led by the father of famed mining investor Nathan Tinkler, calling the claims that it failed to fulfil an implied term of a $150 million share subscription from 2012 “fanciful”.

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Gilbert + Tobin loses Toyota, Jaguar class actions after partner jumps ship
Business of Law 2024-09-03 8:08 pm By Cat Fredenburgh

A disputes partner has departed Gilbert + Tobin, taking with him two high-stakes class actions against Toyota and Jaguar over alleged diesel filter defects and the firm says it will not focus on bringing more class actions.

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Austin Engineering to expand case against rival in spat over employee who jumped ship
Intellectual Property 2024-09-02 11:35 pm By Andy Sidler

A judge has found ASX-traded mining equipment manufacturer Austin Engineering can use documents disclosed in its case against rival Schlam over a former employee’s alleged leak of confidential business information to expand its claims.

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Aristocrat gets another shot at Lightning Link patent after novel split High Court decision
Intellectual Property 2024-08-30 11:07 pm By Cindy Cameronne

A judge has allowed Aristocrat to appeal a judge’s rejection of its application to patent its Lightning Link poker machine, citing novel questions raised by an equally split High Court decision about the patentability of its invention.

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Flex commission class action pleadings ‘inappropriate and unhelpful’, says judge
Financial Services 2024-08-30 2:03 pm By Cindy Cameronne

A judge has criticised the pleadings in class actions against ANZ, Macquarie and Westpac over flexible commission schemes for car dealers, saying they were “inappropriate and unhelpful” in referring to documents in the banking royal commission. 

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Former EY partner hit with indemnity costs for rejecting National Tiles settlement offer
Securities 2024-08-30 11:44 pm By Cindy Cameronne

A former EY partner and ousted board member at National Tiles has been ordered to pay indemnity costs after he lost a $1 million share dispute with the flooring company, with a judge finding he “unreasonably failed” to accept a settlement offer. 

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BlueScope says it ‘went close to the line’, but did not breach cartel laws
Competition & Consumer Protection 2024-08-26 11:27 pm By Sam Matthews

BlueScope Steel is seeking to overturn a record $57.5 million penalty for engaging in attempted price-fixing with flat steel distributors, telling an appeals court that it was simply trying to make its competitors understand “it was in their interests to price differently”. 

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ASIC wins credit facility case against Kraken cryptocurrency exchange
Cryptocurrency 2024-08-23 11:03 pm By Sam Matthews

The corporate regulator has won its case against Bit Trade, the Australian provider of the Kraken crypto exchange, after a judge rejected the company’s argument that its product was not a credit facility. 

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High Court asked to clarify importance of disclosure in patent applications
Intellectual Property 2024-08-21 11:02 pm By Sam Matthews

The High Court has been asked to weigh in on whether the Federal Court’s prevailing approach to the disclosure requirements of the Patents Act “imposes too great a burden” on patent applicants.

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Fortescue denies IP head told Element Zero founder to delete documents
Intellectual Property 2024-08-20 11:21 pm By Sam Matthews

Fortescue has rejected Element Zero’s “implausible” claims that the start-up’s founder was instructed by the mining giant’s IP manager to access and delete certain documents after his resignation, as it defends allegations that search orders it won over the alleged misappropriation of its confidential information were based on weak evidence.

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