The important decision by the Full Court of the Federal Court in Calidad Pty Ltd v Seiko Epson Corporation clarifies the position on an area of law that, surprisingly, is still developing in Australia, namely the scope of the implied licence issuing from the sale of a patented product, writes Duncan Longstaff and Roshan Evans of Shelston IP.
The imbalance of statutory protections available to those that breach confidentiality obligations when reporting misconduct to regulatory bodies, and those that do so to provide evidence in civil proceedings, ignores the undeniably important role that civil litigation plays in rectifying misconduct ā particularly in the financial sector. However, the Federal Court has recently set in place a clear procedure which balances the interests of all parties and allows for protections for employees, writes Slater & Gordon class action associate Rohan Foley.
We have started to see the Federal Court use its discretionary powers in respect of class actions to order defendants to disclose their insurance policies to plaintiffs. The emergence of these disclosure orders is an example of the flexible and pragmatic approach increasingly being adopted by the Federal Court in class actions, say Johnson Winter & Slattery’s Frances Dreyer and Nicholas Briggs.
The dispute between Rugby Australia and IsraelĀ FolauĀ is presently one between two parties. However, recent comments made to the media by RAās Chairman have given rise to speculation that its sponsors may have played a significant part in Folauās dismissal. There are several potential bases upon which the sponsors could be dragged into the ongoing dispute, says HopgoodGanim’s Jon Erbacher.
We have been told for so long that the volume of class action litigation continues to increase at a rapid rate, thus requiring significant legislative intervention, that the title of this piece may (legitimately) prompt at least some readers to check if today is the 1st of April. But this is no April Foolsā Day prank.
The second highest penalty in the international airline cartel cargo case shows the court will impose very significant penalties even if the conduct did not generate huge profits, if other factors are shown.
In Jeremy Lee v Superior Wood Pty Ltd, the Full Bench of the Fair Work Commission considered the lawfulness of an employer directing an employee to provide their biometric data. The decision is notable for its interpretation of the employee records exemption, and the effect this could have on the roll out of sign-in technology and the ability for employers to direct employees to provide sensitive information in other circumstances, say Kamon Tsoi and Deanna Carlon of Herbert Smith Freehills.
In a first for the NSW Supreme Court, Judge Peter Garling last week found that the plaintiff in a class action does not need to have a claim against all defendants, a case that could make life much easier for plaintiff lawyers, says barrister Daniel Meyerowitz-Katz of Second Floor Wentworth Chambers.clas
The ALRC report on Class ActionsĀ Litigation and Third-Party Funding hails a new era for litigation finance in the Australian legal landscape and echoes theĀ ongoing professionalisation of litigation financiers that is already naturally occurring in the market, says Craig Arnott of Burford Capital.
Last weekās double decisions of the Full Court of the Federal Court and the New South Wales Court of Appeal confirm the courtsā powers to make common fund orders. However, the NSW Court of Appeal left open the possibility of future challenges to common fund orders on different grounds and has suggested a cap on the fees that litigation funders can recover from class actions in the NSW Supreme Court, say Gilbert + Tobin’s Colleen Platford, Crispian Lynch, Rebecca Spigelman, Antonia Garling and Matt Mackenzie.