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ASIC suffers another loss in Westpac dodgy home loan case
Financial Services 2018-12-11 11:14 pm By Christine Caulfield

The Australian Securities and Investments Commission has lost a bid to have the Federal Court decide a threshold legal question in its dodgy home loan case against Westpac, which is going to trial after a $35 million settlement got the thumbs down.

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ACCC wants $1.5M fine against struggling debt collector
Competition & Consumer Protection 2018-12-11 9:08 pm By Miklos Bolza

The consumer watchdog has sought more than $1.5 million in penalties against debt collector ACM Group after the company was found liable for harassing vulnerable customers, but a judge on Tuesday questioned whether the fine, which could leave the company insolvent, was too punitive.

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IP Australia to call for dismissal of novel building patent case
Intellectual Property 2018-12-11 3:41 pm By Miklos Bolza

The Commissioner of Patents will seek to toss a case simultaneously challenging its decisions to accept, grant and certify an innovation patent owned by one of Australia’s biggest building product firms.

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Workpac gets slap on the wrist in casual worker case
Employment 2018-12-11 2:45 pm By Christine Caulfield

Labour hire company Workpac has been fined just $1,650 after a groundbreaking Full Federal Court decision that a casual employee could be eligible for annual leave, with a judge saying the low penalty reflected the lack of clarity in the law.

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Funder in Murray Goulburn class action seeks 28% cut
Class Actions 2018-12-11 1:28 pm By Cat Fredenburgh

The funder that’s bankrolling a shareholder class action against Murray Goulburn is seeking court approval for a funding agreement under which it would get a 28 per cent cut of any settlement.

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Rokt judgment could provide clarity on software patentability
Intellectual Property 2018-12-11 12:48 pm By Cat Fredenburgh

The court will issue a judgment Wednesday in one of two closely watched cases awaiting judgment that may move the dial on the patentability of computer software.

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Commonwealth slams Otsuka’s ‘inconsistent’ defences in Abilify patent case
Intellectual Property 2018-12-10 10:02 pm By Miklos Bolza

The Commonwealth has urged the court to strike out the “inconsistent” pleadings of pharmaceutical firms Otsuka and Bristol-Myers Squibb in a patent case over the antipsychotic drug Abilify, calling them a “scandal” which could bring disrepute to the administration of justice.

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Maurice Blackburn may get $5.8M in $16.4M Cash Converters settlement
Class Actions 2018-12-10 9:10 pm By Christine Caulfield

Maurice Blackburn stands to walk away with $5.8 million for its work on a consumer class action against Cash Converters that resulted in a $16.4 million settlement.

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D’Aquino Bros says it can prove its Scotch Whisky is the real deal
Intellectual Property 2018-12-10 9:01 pm By Christine Caulfield

Defending against a fourth trade mark infringement lawsuit by the UK’s Scotch Whisky Association, Australian liquor retailer D’Aquino Bros has told a court all of its Scotch Whisky was distilled in Scotland, and it has the paperwork to prove it.

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After settlement rejected, ASIC takes Westpac case to trial
Financial Services 2018-12-10 1:59 pm By Miklos Bolza

The corporate cop’s case against Westpac over allegedly irresponsible lending practices will go to trial after the Federal Court rejected the bank’s $35 million settlement.

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