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Fuchs wins ruling invalidating Quakers’ mining patents
Intellectual Property 2021-05-06 10:08 am By Miklos Bolza

The Australian arm of Fuchs Lubricants has succeeded in invalidating two patents owned by Quakers Chemicals, with the Full Federal Court finding the inventions were not novel because Quakers had tested them in public prior to applying for registration with IP Australia.

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Settlement reached in lawsuit against Arrium directors
Restructuring & Insolvency 2021-05-05 5:26 pm By Cat Fredenburgh

A mid-trial settlement has been reached in a lawsuit brought by the liquidators of collapsed steel giant Arrium against 10 former company directors and officers for allegedly engaging in insolvent trading.

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India travel ban faces Federal Court challenge
COVID-19 2021-05-05 4:10 pm By Miklos Bolza

A 73-year old Australian man has filed a constitutional challenge to the Morrison government’s decision to ban travel from India amid a devastating surge in coronavirus cases in the country.

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Judge Salvatore Vasta accused of abuse of power in second lawsuit by jailed litigant
Courts 2021-05-05 2:56 pm By Christine Caulfield

The owner of a Cairns tour company sentenced to 12 months’ jail for contempt of court by Federal Circuit Court judge Salvatore Vasta is seeking $2 million in damages in a lawsuit against the judge.

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TasPorts agrees it misused market power, but won’t pay penalty in ACCC case
Competition & Consumer Protection 2021-05-05 1:39 pm By Christine Caulfield

The ACCC has secured a misuse of market power declaration against Tasmanian government-owned TasPorts in the regulator’s first action under amended competition laws, but the ports company will not pay a penalty as part of an agreement to resolve the case.

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Crown class action can access Vic gaming watchdog’s interviews with employees
Class Actions 2021-05-05 1:34 pm By Miklos Bolza

A shareholder class action against Crown Resorts can access transcripts of interviews conducted by the Victorian gaming regulator with former top brass and two Crown employees who were arrested in China in 2016 as part of a crackdown on gambling

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Forge liquidators can expand insider trading case against Clough, directors
Restructuring & Insolvency 2021-05-04 4:56 pm By Miklos Bolza

The liquidators of Forge Group have won court approval to expand their insider trading case against construction company Clough over the $187 million sale of its stake in the failed engineering and construction firm.

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Former QC, now judge hit with costs in negligent advice case
Construction 2021-05-04 3:29 pm By Cindy Cameronne

A former QC who is now a judge on the Victorian Supreme Court judge has been hit with costs following a ruling that he and a law firm acquired by Russell Kennedy provided negligent advice to a former client on a land purchase contract.

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Judge mulling $38.4M Estia settlement hears class closure rulings ‘plainly wrong’
Class Actions 2021-05-04 2:49 pm By Miklos Bolza

A judge weighing a $38.4 million settlement in a shareholder class action against aged care provider Estia Health has been told that two NSW Court of Appeal judgments barring class closure were “plainly wrong”, but in deciding whether to lock group members out of the settlement the judge says he won’t need to grapple with the landmark rulings.

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Judge rejects 7-Eleven’s ‘risky’ bid for pre-trial ruling on objections to evidence
Class Actions 2021-05-03 9:37 pm By Miklos Bolza

A judge has shot down what he called a “risky” but novel proposal by 7-Eleven for a pre-trial ruling on sample objections to the relevance of evidence in two franchise class actions.

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