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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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Clipsal copycat seller gets more time to pay contempt fine in trade mark case
Intellectual Property 2019-01-08 8:55 pm By Christine Caulfield

A man charged with contempt of court for failing to hand over infringing products in a trade mark case won by electrical goods manufacturer Clipsal Australia gets six more months to pay his outstanding fine, or he goes to jail.

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Octaviar investors, class action funder dodge indemnity costs
Class Actions 2019-01-08 1:17 pm By Miklos Bolza

The investor behind a failed class action against the Public Trustee of Queensland over the collapse of Octaviar Group has escaped a bid by the Trustee for maximum costs, with a judge ruling the case was not a “nakedly speculative venture” by the funder.

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Class has another go at unconscionable conduct claim in Ford PowerShift case
Class Actions 2019-01-07 9:15 pm By Miklos Bolza

The applicant in a class action against Ford over allegedly defective PowerShift transmissions has taken another stab at bringing an unconscionable conduct claim, after the judge overseeing the case panned an earlier pleading as “problematic”.

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Full Court tosses ACCC appeal in Medibank disclosure case
Competition & Consumer Protection 2018-12-20 10:42 pm By Christine Caulfield

The Australian Competition and Consumer Commission has lost an appeal of a ruling that dismissed its case over allegedly inadequate disclosures by private health insurer Medibank relating to member benefits.

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As trial looms, who owns ‘Love is in the Air’ copyright up in the air
Intellectual Property 2018-12-19 9:00 pm By Miklos Bolza

The judge overseeing a lawsuit against Air France over the alleged unauthorised use of the song “Love is in the Air” will have to weigh who owns the rights to the disco hit.

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Hytera ordered to hand over ‘stolen’ Motorola code
Intellectual Property 2018-12-18 5:33 pm By Miklos Bolza

Hytera Communications has been ordered to hand over source code that Motorola Solutions claims was stolen by three employees who jumped ship between the companies.

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Hytera wins bid to postpone Motorola copyright case
Intellectual Property 2018-12-13 1:58 pm By Miklos Bolza

Hytera Communications has won its bid to have a new copyright case brought against it by rival Motorola Solutions heard separately from a patent infringement trial scheduled to begin in July next year.

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ASIC suffers another loss in Westpac dodgy home loan case
Financial Services 2018-12-11 11:14 pm By Christine Caulfield

The Australian Securities and Investments Commission has lost a bid to have the Federal Court decide a threshold legal question in its dodgy home loan case against Westpac, which is going to trial after a $35 million settlement got the thumbs down.

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