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Spotless judgment clarifies redundancy payment exception
Employment 2019-01-16 5:14 pm By Miklos Bolza

Spotless Services violated the Fair Work Act by failing to pay redundancy for workers employed at Perth International Airport, a court has found, in a ruling that clarifies when employers are on the hook for redundancy payments.

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VW knew about defeat software but ACCC doesn’t need to prove it, court told
Competition & Consumer Protection 2019-01-15 9:25 pm By Miklos Bolza

The ACCC does not need to prove Volkswagen knew about the diesel emissions software at the heart of its action against the car giant — that’s just a factor that will magnify penalties in the case, the regulator has told a court.

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Class loses appeal over fatal Christmas Island boat crash
Appeals 2019-01-10 10:58 pm By Christine Caulfield

The families of asylum seekers who died in the 2010 Christmas Island boat crash have lost an appeal of a ruling that dismissed their class action against Australia.

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NSW Ports pans ACCC for ‘vague’ competition case
Competition & Consumer Protection 2018-12-20 2:40 pm By Miklos Bolza

NSW Ports has criticised the Australian Competition and Consumer Commission for expecting the company to file a defence to the regulator’s allegations of anti-competitive conduct from a concise statement it panned as “vague”.

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IP Australia to call for dismissal of novel building patent case
Intellectual Property 2018-12-11 3:41 pm By Miklos Bolza

The Commissioner of Patents will seek to toss a case simultaneously challenging its decisions to accept, grant and certify an innovation patent owned by one of Australia’s biggest building product firms.

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In tossing Made In Australia case, court clarifies ‘substantial transformation’ test
Competition & Consumer Protection 2018-12-03 8:49 pm By Miklos Bolza

A court has ruled that Chinese vitamin company Nature’s Care cannot sell its imported fish oil and vitamin D with the ‘Made in Australia’ logo because the product fails to meet the required country-of-origin labelling provisions.

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‘Ingenuity’ needed for software-aided biz method patent, IP Australia says
Intellectual Property 2018-11-09 9:18 pm By Miklos Bolza

A software-implemented business method could be patentable if programmed into a computer with “some ingenuity”, IP Australia told the Full Federal Court as a landmark appeal between rival tech companies Encompass and Infotrack wrapped up Friday.

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Full Court urged to take ‘nuanced’ view of software patentability
Intellectual Property 2018-11-08 8:40 pm By Miklos Bolza

Fintech company Encompass has asked the Full Federal Court to take a more “nuanced” approach to software patentability than the one currently held by IP Australia, on the first day of a high-stakes appeal over the patentability of computer-related inventions.

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Court consolidates toxic foam class action trials
Class Actions 2018-10-11 9:49 am By Cat Fredenburgh

Three class actions filed against the Commonwealth of Australia over allegedly toxic foam from government military bases will be heard together.

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Telstra customers get $9.3M back for misleading billing practices
Competition & Consumer Protection 2018-09-28 11:31 pm By Cat Fredenburgh

Telstra customers that were billed for mobile phone apps they unwittingly bought have been refunded $9.3 million, several months after the company was hit with a $10 million penalty for the misleading conduct.

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