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Judge tosses Cash Converters’ ‘singular’ bid for recusal from settlement hearing
Class Actions 2019-01-18 10:41 pm By Christine Caulfield

A judge has shot down a bid by Cash Converters to recuse himself from hearing arguments for a $16.4 million class action settlement, saying his advice while still a barrister to the law firm running the proceedings did not give rise to apprehended bias.

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Writers’ Guild settles dispute over screenwriter royalties
Intellectual Property 2019-01-18 10:11 pm By Cat Fredenburgh

The Australian Writers’ Guild has resolved its long-running dispute with the Audio-Visual Copyright Society alleging the royalties distributor misdirected millions in royalties owed to Australian screenwriters.

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Herbert Smith Freehills to represent AMP in ASIC suit over Clayton Utz docs
Business of Law 2019-01-18 9:55 pm By Cat Fredenburgh

AMP has retained Herbert Smith Freehills — one of its go-to law firms — to represent it in legal proceedings by the Australian Securities and Investments Commission seeking documents from Clayton Utz as part of an ongoing investigation of the wealth manager’s fees-for-no-service conduct.

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Ultra Tune slapped with $2.6M fine for misleading franchisees, deceiving court
Competition & Consumer Protection 2019-01-18 4:25 pm By Christine Caulfield

National car repair franchise Ultra Tune has been ordered to pay a $2.6 million penalty, with a judge finding the firm had not only breached the Franchising Code and the Australian Consumer Law by misleading a prospective franchisee but also misled the court in its defence of the case brought by the consumer watchdog.

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Activist suing super fund REST over climate change plan can’t cap adverse costs
Financial Services 2019-01-18 3:29 pm By Cat Fredenburgh

An ecological landscaper suing the Retail Employees Superannuation Trust fund for an undeveloped climate change policy has lost an application for a maximum costs order in the public-interest case.

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Judge was wrong to halt cross-examination in Octaviar class action, court hears
Class Actions 2019-01-17 9:00 pm By Miklos Bolza

A judge that dismissed an investor class action against the Public Trustee of Queensland over the failure of investment firm Octaviar Group improperly intervened in the cross-examination of one of the class’ witnesses, one of the judges that will hear an appeal of the dismissal was told.

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Craig McLachlan wins stay of defamation case amid criminal charges
Defamation 2019-01-17 2:28 pm By Miklos Bolza

Actor Craig McLachlan has won a bid to stay his defamation case against actress Christie Whelan Browne, Fairfax Media and the ABC in light of recent indecent assault charges brought against him, with a judge finding the cases deal with identical subject matter.

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Full Court puts injector pen patent appeal on fast track
Intellectual Property 2019-01-17 2:03 pm By Cat Fredenburgh

The Full Federal Court has expedited an appeal filed Christmas Eve by Sanofi-Aventis of a ruling that denied its bid to block Alphapharm from listing an insulin injector pen on the Pharmaceutical Benefit Scheme.

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IP Australia challenges landmark Rokt software patent ruling
Intellectual Property 2019-01-17 9:50 am By Cat Fredenburgh

IP Australia has brought a challenge to a landmark court victory for startup Rokt approving a computer software patent.

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ASIC asks High Court to clarify meaning of ‘officer’
Corporate 2019-01-16 9:58 pm By Miklos Bolza

ASIC is seeking approval from the High Court to appeal a judgment that let a former director of Gold Coast finance company MFS Group partially off the hook for $147.5 million in misappropriated funds, saying the High Court needs to clarify the scope of the word “officer” under the Corporations Act.

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