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The High Court has ruled that a patentee's rights to control what can be done with a patented product after it is sold are "exhausted" upon sale.
That a first filed case should be the presumptive winner in a competition between class actions seemed a losing argument before the High Court on Tuesday as the justices weighed a challenge to a ruling picking one among a group of class actions against AMP, but the court also appeared skeptical of the power to hold wide ranging inquiries into the merits of competing cases.
CFMEU official Michael O'Connor has successfully appealed a ruling that threw out his lawsuit seeking to restrain union heavyweight John Setka from poaching members from the union's manufacturing division.
A contractual dispute between a litigation funder and the lead applicant in a class action against S&P will not prevent the class action from progressing, with both parties giving undertakings to preserve the status quo while the feud remains on foot.
The Federal Court's top judge has cautioned ASIC and insurers Allianz and AWP against presenting a "bastardised form of pleading" in the financial watchdog's action over the alleged misleading sale of travel insurance to over 31,000 consumers.
A judge has expressed doubts that every group member in the Robodebt class action is vulnerable, as the parties gear up for two-week trial in the high-profile case over the unlawful debt recovery method that begins Monday.
The High Court will hand down its highly anticipated decision in a patent dispute between printer giant Seiko Epson and ink cartridge reseller Calidad on Thursday, a ruling expected to provide clarity on the the rights of businesses to modify patented goods.
Will we see an increase in class actions and funded litigation following the COVID-19 financial crisis similar to that following the global financial crisis? If there is an onslaught of corporate failures, including failed managed investment schemes, then such litigation seems likely to ensue. However, in the last year, Parliament and the courts have taken steps which might slow such litigious activity, says Susan Goodman of Holding Redlich.
A barrister for billionaire Clive Palmer has expressed doubt that the mining magnate's defamation case against Western Australia Premier Mark McGowan can be resolved in mediation.
The funder that backed a class action against McMillan Shakespeare over 'illusory' car warranties, which settled for less than 20 per cent of the $47.6 million claim value, will seek court approval for a 30 per cent cut of the $9.5 million settlement.