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Sirtex shareholders fear ‘bare cupboard’ for class action after takeover
Class Actions 2018-09-20 4:32 pm By Christine Caulfield

Shareholders in a class action against Sirtex Medical have lost a bid for an order preventing the life sciences company from quietly moving $128 million in cash assets out of the country after its $1.9 billion takeover by a Chinese private equity company comes into effect Thursday, but the battle over the money will likely continue.

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Melbourne retailer appeals $2.8M fine for violating Microsoft IP
Intellectual Property 2018-09-20 11:19 am By Cat Fredenburgh

A Melbourne retailer is challenging a $2.8 million fine against it for allegedly violating the intellectual property for Microsoft’s Windows 7 software.

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Cricket Australia reaches deal with worker sacked over abortion tweet
Employment 2018-09-20 10:43 am By Cat Fredenburgh

Cricket Australia has reached a settlement in a lawsuit filed by a Tasmanian woman who was fired by the sports league for tweeting her views about abortion.

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Genome editing patent gets thumbs down by IP Australia
Intellectual Property 2018-09-19 8:58 pm By Cat Fredenburgh

A patent for genome editing technology by a South Korean biotechnology company has been rejected for a lack of clarity, novelty, and inventiveness, but the Australian Patent Office has given the company two months to try again.

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BMW says court can’t make funding order in Takata class actions
Class Actions 2018-09-19 8:40 pm By Miklos Bolza

BMW Australia plans to challenge the NSW Supreme Court’s power to create a common fund order spanning six class actions brought against major players in the automotive industry over defective and dangerous Takata air bags.

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Empower Institute ‘duped’ vulnerable consumers, judge rules
Competition & Consumer Protection 2018-09-19 7:18 pm By Christine Caulfield

Vocational trainer Empower Institute engaged in unconscionable conduct by “duping” disadvantaged consumers into enrolling in courses they couldn’t afford with the promise of free laptops and cash, a judge ruled Wednesday.

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Unique wins appeal of unconscionable conduct ruling
Competition & Consumer Protection 2018-09-19 4:51 pm By Cat Fredenburgh

The Full Federal Court has overturned a win for the consumer regulator in a case against Sydney-based Unique International College, ruling that the vocational trainer’s practices for marketing and enrolling students in its diploma courses did not amount to unconscionable conduct.

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Judge wants funder’s cut in Westpac class action to come from net recovery
Class Actions 2018-09-19 1:58 pm By Cat Fredenburgh

A judge has agreed to sign off on an order in a massive class action against Westpac that could give 25 percent of any recovery to the litigation funder underwriting the case, on the condition that the funder accept a rate reflecting the net, not the gross, sum.

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Bega admits to using Kraft-branded shippers
Intellectual Property 2018-09-19 1:39 pm By Cat Fredenburgh

Bega has admitted to allegations by Kraft that it distributed its peanut butter in boxes with the Kraft logo on the outside, but says it was allowed to under a license agreement.

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ASIC deputy chair Peter Kell calls it quits
Financial Services 2018-09-18 10:09 pm By Christine Caulfield

The deputy chairman of the Australian Securities and Investments Commission, Peter Kell, has resigned just five months into a yearlong extension of his contract with the corporate watchdog.

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