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Judge was wrong to halt cross-examination in Octaviar class action, court hears
Class Actions 2019-01-17 9:00 pm By Miklos Bolza

A judge that dismissed an investor class action against the Public Trustee of Queensland over the failure of investment firm Octaviar Group improperly intervened in the cross-examination of one of the class’ witnesses, one of the judges that will hear an appeal of the dismissal was told.

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Craig McLachlan wins stay of defamation case amid criminal charges
Defamation 2019-01-17 2:28 pm By Miklos Bolza

Actor Craig McLachlan has won a bid to stay his defamation case against actress Christie Whelan Browne, Fairfax Media and the ABC in light of recent indecent assault charges brought against him, with a judge finding the cases deal with identical subject matter.

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Full Court puts injector pen patent appeal on fast track
Intellectual Property 2019-01-17 2:03 pm By Cat Fredenburgh

The Full Federal Court has expedited an appeal filed Christmas Eve by Sanofi-Aventis of a ruling that denied its bid to block Alphapharm from listing an insulin injector pen on the Pharmaceutical Benefit Scheme.

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IP Australia challenges landmark Rokt software patent ruling
Intellectual Property 2019-01-17 9:50 am By Cat Fredenburgh

IP Australia has brought a challenge to a landmark court victory for startup Rokt approving a computer software patent.

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Lawyer Brody Clarke jailed for stealing from client to feed ‘irrational’ gambling habit
White Collar 2019-01-16 11:42 pm By Christine Caulfield

A former solicitor with Sydney law firm Atanaskovic Hartnell was jailed Wednesday for a minimum of three years in a fraud case a judge called a “sad illustration of the moral delinquency” of online betting in Australia.

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DLA Piper sued by QC, junior barrister over $370,000 in unpaid fees
Business of Law 2019-01-16 10:13 pm By Christine Caulfield

A Queens Counsel and a junior barrister at the Victorian Bar are taking DLA Piper to court, accusing the law firm of failing to pay more than $370,000 in fees.

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ASIC asks High Court to clarify meaning of ‘officer’
Corporate 2019-01-16 9:58 pm By Miklos Bolza

ASIC is seeking approval from the High Court to appeal a judgment that let a former director of Gold Coast finance company MFS Group partially off the hook for $147.5 million in misappropriated funds, saying the High Court needs to clarify the scope of the word “officer” under the Corporations Act.

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ACCC can seek fines against defunct dealer of fake Aboriginal art
Competition & Consumer Protection 2019-01-16 5:17 pm By Miklos Bolza

The ACCC can continue its case against failed Aboriginal art wholesaler Birubi Art, which went into liquidation after the court found it violated the Australian Consumer Law by selling fake Aboriginal goods.

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Spotless judgment clarifies redundancy payment exception
Employment 2019-01-16 5:14 pm By Miklos Bolza

Spotless Services violated the Fair Work Act by failing to pay redundancy for workers employed at Perth International Airport, a court has found, in a ruling that clarifies when employers are on the hook for redundancy payments.

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Carlisle, Resimax settle copyright dispute over home designs
Intellectual Property 2019-01-16 1:44 pm By Cat Fredenburgh

Home builder Carlisle Homes has agreed to settle its lawsuit against home builder Resimax after its rival agreed to stop selling residential home plans that allegedly infringe Carlisle’s copyright-protected home designs.

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