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Banks can grill ACCC investigators, JPMorgan in ANZ criminal cartel case
Competition & Consumer Protection 2019-11-08 3:35 pm By Miklos Bolza

The banks and executives at the centre of a landmark criminal cartel case can question four ACCC investigators and witnesses from JP Morgan at an upcoming committal hearing, with a magistrate saying Friday there were “substantial reasons in the interests of justice” to allow the cross-examination.

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‘Time for commercial reality to bite’: Judge orders class closure in Takata air bags class actions
Class Actions 2019-11-01 3:30 pm By Cat Fredenburgh

The judge overseeing seven class actions against some of the world’s largest car makers over defective Takata airbags has ordered that class closure take place in advance of mediation, saying it was “time…for commercial reality to bite”.

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ASIC wins appeal in Westpac ‘personal advice’ case
Appeals 2019-10-28 2:06 pm By Cat Fredenburgh

The Full Federal Court has handed the Australian Securities and Investments Commission a win in a high-stakes appeal over what constitutes personal advice under financial services laws, finding Westpac violated its duty to act in its customers best interests through a superannuation rollover campaign.

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After landmark Myer ruling, settlements in shareholder class actions to stay the norm
Analysis 2019-10-25 8:39 pm By Christine Caulfield

A groundbreaking class action ruling by the Federal Court on Thursday that found Myer misled shareholders and accepted the applicant’s market-based causation theory is the only judgment in an Australian securities class action since the first shareholder case was brought 20 years ago, and it might be the only one for years to come.

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Allens class actions ace Jenny Campbell thrives on the unpredictable
Women in law 2019-10-18 12:07 pm By Amelia Birnie

The careful, methodical approach of 20-year class action veteran and Allens partner Jenny Campbell is in demand in the fast-changing class action world, where the only certainty is uncertainty.

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Kmart pockets win over streetwear company in cargo pants IP dispute
Intellectual Property 2019-10-16 10:39 pm By Cat Fredenburgh

Kmart has defeated claims by a streetwear company that the retail giant infringed the copyright for its cargo pants and shorts designs.

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Ford class action judge considers cash security in ‘war and peace of discovery’ disputes
Class Actions 2019-10-09 5:19 pm By Amelia Birnie

The judge overseeing the long-running class action over allegedly faulty Ford PowerShift transmissions has told the applicants they might need to put up considerable cash security to cover the “war and peace of discovery” disputes, after Ford slammed the delayed request for documents as “complete and utter nonsense”.

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University of Sydney wins IP rights case against ObjectiVision
Intellectual Property 2019-10-02 3:34 pm By Miklos Bolza

The University of Sydney has emerged triumphant in its long running battle over the intellectual property rights of a glaucoma testing device, with the Federal Court ruling against opthalmic diagnostic tool manufacturer ObjectiVision.

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Wyeth loses privilege claim over Allens docs in Merck’s vaccine patent case
Intellectual Property 2019-10-01 3:56 pm By Miklos Bolza

Wyeth has lost a bid to claim legal professional privilege over certain documents sought by Merck Sharp & Dohme as the two rivals head towards a hearing for the reopening of the Prevnar 13 patent case.

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Seiko wins general injunction against Calidad in ink cartridge patent case
Intellectual Property 2019-09-27 11:11 pm By Christine Caulfield

Imposing an injunction in general form against a patent infringer is not an undue burden in and of itself, the Full Federal Court has ruled in siding with printer giant Seiko Epson in its ongoing intellectual property fight with cartridge reseller Calidad.

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