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De-banking poses threat to foreign exchange competition, ACCC says
Competition & Consumer Protection 2019-09-02 11:46 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has warned it could take enforcement action if its finds banks are misleading customers about foreign exchanges fees and warned banks’ use of their compliance obligations to deny banking services to their non-bank competitors could constrain competition in the market for foreign exchange services.

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Cross-border cooperation: Federal Court considers ‘classic candidate’ for coordination with High Court of New Zealand
Expert Insights 2019-09-02 10:09 pm By Editor

A recent Federal Court decision means cooperation between courts in different international jurisdictions, which would once have been regarded as entirely novel, may now be a welcome option for liquidators to achieve a more efficient liquidation of insolvent corporate groups, writes K&L Gates’ Jason Opperman, Katherine Smith and Catherine Crawford.

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Radio Rentals, AIG ‘very close’ to settling consumer class action, court hears
Class Actions 2019-09-02 9:29 pm By Miklos Bolza

A consumer class action against Radio Rentals over its ‘Rent, Try, $1 Buy’ scheme is “very close” to settling, a court heard Monday, with just a few more days required to negotiate a final agreement.

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Aristocrat goes head to head with IP Australia over patentability of slot machine
Intellectual Property 2019-09-02 9:25 pm By Miklos Bolza

Gaming giant Aristocrat Technologies told a court that if its Lightning Link slot machine was a physical game there would be no doubt about its patentability, as trial kicked off Monday in another case that is pushing back on IP Australia’s stance on the patentability of computer-implemented inventions.

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Delegate slams door on REA Group’s home loans trade mark
Intellectual Property 2019-09-02 8:22 pm By Miklos Bolza

A mortgage broker has successfully opposed REA Group’s application to trade mark “realestate.com.au Home Loans”, with a delegate finding the mark is not adapted to distinguish REA’s online services.

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Family of Australian killed aboard Malaysia Airlines flight shut out of class action settlement
Class Actions 2019-09-02 5:03 pm By Cat Fredenburgh

The family of an Australian national who was killed aboard Malaysia Airlines flight MH17 is not eligible to participate in a recent class action settlement, a judge has ruled.

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Firm resolves costs dispute in Treasury Wine class action
Class Actions 2019-09-02 2:40 pm By Cat Fredenburgh

A firm owned by solicitor Mark Elliott has reached an agreement resolving a dispute with Treasury Wine Estates over the costs the firm should pay in a stayed class action against the winemaker.

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Watchstone files counterclaim against Slater & Gordon UK, says firm’s agent had ‘back channel’ to PwC
Corporate 2019-08-30 11:32 pm By Christine Caulfield

Insurance company Watchstone Group, which is facing a lawsuit by Slater & Gordon UK over a botched acquisition that brought the law firm to its knees, has secured approval to file a counterclaim alleging auditor PricewaterhouseCoopers engaged in “secret meetings” with the firm’s corporate finance adviser to gain leverage leading up to the deal.

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Merck wins docs from Wyeth ahead of hearing on reopening Prevnar 13 trial
Intellectual Property 2019-08-30 10:51 pm By Cat Fredenburgh

Merck Sharp & Dohme has emerged victorious in a battle over documents with Wyeth, as the parties gear up for a hearing on Wyeth’s request to reopen a trial over three patents for its Prevnar 13 pneumococcal vaccine.

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Lawyers breached duty to client with ‘sharply’ conflicting interests, appeals court rules
Legal Ethics 2019-08-30 9:54 pm By Amelia Birnie

A Sydney law firm has been ordered to pay hundreds of thousands of dollars in compensation and restitution for breach of its fiduciary duties, after a former client successfully appealed a conflict of interest case.

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