It is entirely possible that the first effective SARS-CoV-2 vaccine is developed in Australia, with an Australian firm securing patent rights to the vaccine. If that occurs, it is important to remember that a patent is not an impenetrable fortress. Patent laws already contain mechanisms to enable “special access” to patented pharmaceuticals and other technologies, including (perhaps especially) in times like this, say James Neil and Richard Hoad of Clayton Utz.
The claim that funded class actions are the main factor impacting the D&O premium increases and stultifying business in Australia is a specious argument. The reality is that the primary reason for the increase in the cost of D&O liability insurance is the extent of corporate wrongdoing, says Omni Bridgeway’s Andrew Saker.
The shocking revelations about the complaints of sexual harassment of young female associates working for Justice Dyson Heydon in his years on the High Court have prompted many reactions and a collective sharing by women across the profession about their own personal experiences. These stories have been incredibly powerful and are a clear call to arms for significant and lasting change. Chief Justice Susan Kiefel set the tone by committing to the adoption of all recommendations of the investigator, but the reforms should not stop there, says Professor Andrew Lynch, the Head of School and Deputy Dean at UNSW Law.
Consumer class actions have overtaken shareholder class actions as the most common form of new filing. As a result of the High Court’s Brewster ruling and the attendant uncertainty about the court’s power to make common fund orders at a later stage of class actions proceedings, some large-scale consumer class actions may now be less likely to get off the ground.
While some judges have suggested a deed of company arrangement can be terminated at the comparatively low threshold that a liquidator may be “potentially” successful in litigating a claim, this is clearly not the test after a recent Full Federal Court ruling that affirms the high standard to be met by any challenge to a DOCA, where the deed compromises a commercial dispute, writes Baker McKenzies’ David Walter, Maria O’Brien and Ian Innes.
Much of the criticism of the ligitaion funding industry being played out in the media recently is based on misinformation, says Andrew Saker of Omni Bridgeway.
The recently announced Parliamentary Joint Committee inquiry into litigation funding and the regulation of the class actions industry may present a unique opportunity for decisive action by the Government in the area of litigation funding. Any regulation must work with and support the unique role of the courts in protecting the interests of group members, say Damian Grave, Helen Mould and Gregg Rowan of Herbert Smith Freehills.
Seismic changes are set to lead to fundamental changes in the economic feasibility and incentives of the various stakeholders involved. The option to charge contingency fees on class actions will provide the commercial imperative for adopting tried and tested advanced technologies and working practices on class action matters, says James Moeskops of Sky Discovery.
In its recent decision, the Federal Court has confirmed that schemes are not patentable merely because they are “new and ingenious” and are implemented using a computer. While the door is not completely closed on computer implemented schemes, the patentability threshold will never be passed unless there is some innovation in the computer technology, says Jane Owen and Rebecca Currey of Bird & Bird.
The Supreme Court of NSW ruled this week on how the NSW Rural Fire Service Brigades Donations Fund can spend the $51.3M raised by Celeste Barber in her record-breaking Facebook charitable fundraising campaign. In our view, the court has pushed the boundaries of what is permissible as far as possible by adopting a liberal interpretation of the word ‘resources’, say Gilbert + Tobin’s Darren Fittler and Anna Lewis.