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Parts used in Holden upgrades don’t infringe GM’s designs, court says
Intellectual Property 2019-02-14 11:31 pm By Cat Fredenburgh

GM Holden has lost most of its case for design infringement against a company that imported and distributed spare car parts used to “up-spec” lower range Holden models, in theĀ court’s first test of the Designs Act’s repair defence.

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Judge orders recalculation of ‘excessive’ $5.8M bill by liquidators of SK Foods unit
Restructuring & Insolvency 2019-02-14 10:02 pm By Christine Caulfield

A $5.8 million bill for four years’ work by the liquidators of SK Foods unit Cedenco has been criticised by a judge as “outside the band of reasonable remuneration” and will have to be recalculated.

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Halted questioning about ASIC emails warrants Octaviar class action re-trial, court hears
Class Actions 2019-02-14 9:42 pm By Miklos Bolza

Critical emails from ASIC regarding a $250 million loan facility to Octaviar Group before its 2008 collapse were not only overlooked by the Public Trustee of Queensland in its role overseeing the firm’s finances but were wrongly deemed irrelevant by the judge that heard the case, the Full Federal Court was told.

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Who reads law firm websites? Judge skeptical of online class action notice
Class Actions 2019-02-14 9:04 pm By Miklos Bolza

A judge overseeing a class action against the NSW government over a contractor who sold injured workers’ information toĀ Bannister Law has questioned the effectiveness of placing ads for group members on law firm websites, saying she didn’t think it would “draw the matter to anyone’s attention”.

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Judge allows expert reports in Cargill, Viterra case over $420M Joe White sale
Corporate 2019-02-14 2:19 pm By Cat Fredenburgh

The judge overseeing the marathon trial between agricultural giants Cargill and Viterra over the $420 million sale of malt producer Joe White has shot down objections to both parties’ expert reports related to whether it was common industry practice toĀ cheat customers by failing to comply with contract details and providing misleading malt test results.

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Mylan appeals loss to Sun Pharma over cholesterol drug patent
Intellectual Property 2019-02-14 11:31 am By Cat Fredenburgh

Mylan has appealed a ruling invaliding claims of its cholesterol drug patent and dismissing its patent infringement case against Sun Pharma.

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Employment partner loses appeal over ‘offensive’ letters to Lander & Rogers lawyer
Business of Law 2019-02-13 10:56 pm By Christine Caulfield

An appeals court has reinstated charges of unsatisfactory professional conduct against the principal of a leading employment law firm, after the lawyer called opposing counsel at Lander & Rogers “fundamentally dishonest”.

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Judge slams Fuchs evidence as ‘absolute garbage’ in spat over privileged docs
Intellectual Property 2019-02-13 10:09 pm By Miklos Bolza

A judge has panned evidence put on by Fuchs Lubricants in a patent dispute with Quaker Chemical as “woefully inadequate” and “absolutely garbage”, partially shooting down the firm’s attempt to block discovery of allegedly privileged documents.

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Quintis class fails in bid for speedy common fund order
Class Actions 2019-02-13 9:48 pm By Miklos Bolza

A judge has put a proposal for a common fund order in a class action against sandalwood producer Quintis on hold as the court awaits judgment in an historic challenge to the power of courts to make common fund orders.

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Justice Minister aide helped Michaelia Cash staffer alert media to AWU raids, court told
Employment 2019-02-13 8:57 pm By Christine Caulfield

Senator Michaelia Cash’s former media adviser says he notified his counterpart in the office of former federal Justice Minister Michael Keenan ahead of AFP raids on the Australian Workers’ Union offices, and both alerted the media, a court heard Wednesday.

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