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High Court takes up Westpac fight against ASIC personal advice case
Appeals 2020-04-27 4:54 pm By Miklos Bolza

The High Court has agreed to hear a challenge by Westpac to a ruling in favour of ASIC that found the bank violated its duty to act in customers’ best interests during a superannuation rollover campaign, a case that could clarify the line between personal and general financial advice.

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Rejecting ‘highly experimental’ alternative, judge vacates Motorola, Hytera copyright trial
Intellectual Property 2020-04-27 4:30 pm By Cat Fredenburgh

A judge has vacated the next stage of an intellectual property fight between Motorola and Hytera Communications because of laws prohibiting witnesses located in China from giving unauthorised evidence via videolink, rejecting a “highly experimental procedural remedy” proposed by Motorola.

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‘This case makes no sense’: Judge says ‘Love Is In The Air’ infringed, but no damages owed
Intellectual Property 2020-04-27 1:48 pm By Christine Caulfield

A judge has found that an Oregon electronic music duo “flagrantly” copied the 1977 disco hit ‘Love is in the Air’ but has rejected most claims for damages because the copyright holder of the song sued for each streaming and download of the song, rather than for the creation of the infringing work.

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Judge questions if High Court ruling allows common fund orders at settlement
Class Actions 2020-04-24 11:34 pm By Miklos Bolza

The judge presiding over the settlement approval hearing in a shareholder class action against telecommunications company Vocus Group has questioned whether the High Court’s recent ruling striking down common fund orders at the outset of class actions would allow him to make such an order at settlement.

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Celebrity chef Pete Evans fined $25,200 for bogus coronavirus claims about light product
COVID-19 2020-04-24 11:15 pm By Cat Fredenburgh

Celebrity chef Pete Evans has been fined $25,200 by the Therapeutic Goods Administration for claiming an expensive light machine dubbed the Biocharger could help protect people from the coronavirus.

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Damages hearing in Queensland floods class action to go ahead despite appeal
Class Actions 2020-04-24 6:35 pm By Miklos Bolza

A hearing to determine damages in the Queensland floods class action will proceed next week despite an appeal brought by the two dam operators that were found liable for the 2011 floods in the state that destroyed 2,000 homes.

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Virgin administration could push the boundaries of corporations law
Restructuring & Insolvency 2020-04-23 8:35 pm By Alison Eveleigh

Voluntary administration was the only option for Virgin, and the extraordinary circumstances surrounding the airline’s decline could present a unique opportunity for the administrators to push the boundaries of corporations law, according to insolvency experts.

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Media monitor Isentia loses bid to lower interim copyright fees
Intellectual Property 2020-04-23 5:06 pm By Christine Caulfield

The Copyright Tribunal has dismissed an application by media monitoring firm Isentia to lower per-clip rates payable to collecting house Copyright Agency, rejecting arguments the higher fees had led to a loss of customers.

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Court limits ‘fishing’ in ousted Piper Alderman partner’s sex discrimination case
Business of Law 2020-04-23 12:52 pm By Alison Eveleigh

Piper Alderman will spend the next six weeks gathering documents for a former partner who is seeking to revive her unlawful discrimination case against the firm, but a court limited the categories of documents sought to prevent a ‘fishing’ expedition.

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Courts don’t have power to make class closure orders, appeals court says
Class Actions 2020-04-22 6:30 pm By Miklos Bolza

An appeals court has overturned a ruling ordering class closure in seven representative proceedings against car makers over defective Takata airbags, finding courts do not have the power to make class closure orders.

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