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ASIC seeks recusal of former Freehills lawyer in costs spat with ex-Tennis Australia boss
ASIC 2022-03-18 1:17 pm By Miklos Bolza

ASIC has asked a Federal Court registrar who previously worked at Herbert Smith Freehills to step down from overseeing remaining costs disputes in its failed case against former Tennis Australia president Steven Healy, who is represented by the Big Six firm.

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Full Court deals drug companies a blow on patent term extensions
Intellectual Property 2022-03-18 10:27 pm By Miklos Bolza

The Full Court has upheld two judgments that shortened patent term extensions granted to Merck Sharpe & Dohme and Ono Pharmaceuticals, finding the extension regime cannot be construed as achieving a “commercial outcome for a patentee”.

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Judge tosses Novartis experts out of ‘hot tub’ in MS drug patent dispute
Intellectual Property 2022-03-18 5:54 pm By Miklos Bolza

A judge has slammed Novartis for putting forward four “overlapping” experts in a dispute with Pharmacor over patents for its MS drug Gilenya and thrown three of those experts out of an upcoming joint conferral, known as a “hot tub”.

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In-N-Out Burgers settles trade mark suit against ‘ghost kitchen’ operator
Intellectual Property 2022-03-18 9:58 pm By Miklos Bolza

American fast food chain In-N-Out Burgers has settled a trade mark dispute with a Queensland fast food business that operates “ghost kitchens” under the name In & Out Aussie Burgers.

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Climate change appeal decision: End of the road for novel duty of care?
Expert Insights 2022-03-18 2:11 pm By Editor

The Full Federal Court was emphatic in its decision that the environment minister does not owe a duty of care to Australian children to shield them from climate change harm, but there is no doubt the law will be put to the test again soon, says Corrs Chambers Westgarth’s Louise Camenzuli, Julia Green and Max Newman.

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Government replaces banks as top class action target
Class Actions 2022-03-17 5:35 pm By Miklos Bolza

The government sector has overtaken banking and finance as the most frequent target of class actions, according to a new report.

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‘This is nuts’: Judge torpedoes notice in Tyro class action while fight over group definition plays out
Class Actions 2022-03-17 3:32 pm By Sam Matthews

Calling it the “elephant in the room”, a judge overseeing a class action against Tyro over a major EFTPOS outage last year has said a dispute over who is eligible to join the case needs to be hashed out before retailers are notified of the proceedings.

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Ousted MinterEllison boss appointed CEO of Victorian gaming authority
Gaming 2022-03-17 10:33 pm By Sam Matthews

The Victorian Gambling and Casino Control Commission has appointed former MinterEllison managing partner Annette Kimmitt as CEO after an “extensive” recruitment process, a year to the month after she was shown the door at the Big 6 firm for her controversial staff emails about a partner’s work for then Attorney-General Christian Porter. 

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‘Dangerous nature of loan’ enough to find lenders acted unconscionably, High Court says
Financial Services 2022-03-17 10:01 pm By Miklos Bolza

The High Court has found that three asset-based lenders behaved unconscionably when they enforced thir rights under a $1.2 million loan made to a vulnerable consumer secured by a mortgage over his properties.

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Electronics giant Uniden faces court fight over design of latest radio
Intellectual Property 2022-03-17 4:26 pm By Christine Caulfield

Japan’s Uniden has been hit with an intellectual property lawsuit by Australia’s only CB radio manufacturer, which alleges the upcoming launch by the wireless communications giant of two new products amounts to infringement of its design patent.

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