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Funder wants major role in common fund challenge
Class Actions 2018-11-12 8:58 pm By Miklos Bolza

Litigation funder Regency Funding has sought leave to intervene as a major player in one of two challenges to the courts’ powers to issue common fund orders in class actions, but it might have a fight on its hands.

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Crown shouldn’t keep jailed ex-employees silent, court told
Class Actions 2018-11-12 8:39 pm By Christine Caulfield

An attempt by Crown Resorts to block ex-employees from talking to class action lawyers about the casino giant’s thwarted business in China was contrary to the public interest, a judge heard Monday.

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Common shapes don’t distinguish Italian meat co.’s trade mark, delegate finds
Intellectual Property 2018-11-12 3:22 pm By Cat Fredenburgh

Italian meat producer A.I.A. has lost its opposition to a trade mark application by competing salumi manufacturer Borgo, with the Registrar of Trade marks finding commonplace geometrical forms in trade marks that also feature a distinctive word are insufficient to distinguish a mark.

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‘Ingenuity’ needed for software-aided biz method patent, IP Australia says
Intellectual Property 2018-11-09 9:18 pm By Miklos Bolza

A software-implemented business method could be patentable if programmed into a computer with “some ingenuity”, IP Australia told the Full Federal Court as a landmark appeal between rival tech companies Encompass and Infotrack wrapped up Friday.

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ASIC strips AGM of financial services licence
Financial Services 2018-11-09 8:56 pm By Cat Fredenburgh

Retail OTC derivative issuer AGM Markets has had its financial services licence canceled, after ASIC found it engaged in unconscionable conduct and failed to manage conflicts of interest.

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AFT Pharma ordered to pull misleading Maxigesic ads
Competition & Consumer Protection 2018-11-09 8:44 pm By Miklos Bolza

AFT Pharmaceuticals has been ordered to pull advertisements for its painkiller Maxigesic after the Federal Court ruled in favour of rival Reckitt Benckiser, finding the ads breached Australian Consumer Law.

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Westpac hit with $3.3M penalty in BBSW case
Financial Services 2018-11-09 8:18 pm By Cat Fredenburgh

Westpac has been ordered to pay a $3.3 million penalty for engaging in unconscionable conduct when it traded in bank bills in an attempt to influence the benchmark Bank Bill Swap Rate on four occasions, with a Federal Court judge admitting the fine was “inadequate.”

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Palmer can’t stop Queensland Nickel liquidators from asking after fugitive nephew
Restructuring & Insolvency 2018-11-09 3:43 pm By Cat Fredenburgh

A judge has shot down a bid by Clive Palmer to block the liquidators of Queensland Nickel from making enquiries as to the whereabouts of his fugitive nephew, the sole registered director of the refinery when it collapsed.

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ACCC takes Captain Cook College to court for unconscionable conduct
Competition & Consumer Protection 2018-11-09 2:01 pm By Christine Caulfield

Online educator Captain Cook College broke the law by enrolling thousands of students who accrued $60 million in debt but never finished their courses, a new action by the consumer regulator alleges.

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Adero argues class action should be heard before casuals test case
Employment 2018-11-08 10:29 pm By Cat Fredenburgh

Adero Law is seeking to intervene in a Federal Court case against WorkPac over the rights of casual workers, arguing a class action it plans to bring against the labour hire firm should be heard first.

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