The ACCC has issued final guidelines on how Australia’s competition laws will apply to intellectual property assignments and licences following the repeal of the ‘IP exemption’ from prohibitions on anti-competitive conduct which was contained in subsection 51(3) of the Competition and Consumer Act. As of September 13 the IP exemption no longer applies, however, certain worked examples remain undeveloped or unrealistic, such that uncertainties remain as to the ACCC’s likely approach in particular matters, writes Patrick Gay and Amalia Stone of Herbert Smith Freehills.
The ABC is challenging a court ruling last month that rejected its bid to access documents behind the Australian Federal Police’s warrant to search its headquarters and partially blocked an application to amend claims in its case over the legality of the raid.
Mining firm MACH Energy has resolved a lawsuit brought by a former director seeking $20 million in shares allegedly owed under an equity incentive scheme.
The ACCC’s recommendation in its digital inquiry report for a statutory cause of action for serious invasions of privacy has merit as a mechanism to safeguard individual’s privacy where it is not protected by the Privacy Act or the patchwork of surveillance and related legislation. But it remains to be seen whether there will be any greater governmental impetus than on previous occasions to make the legislative changes required, writes Gilbert + Tobin partner Melissa Fai and lawyer Stephanie Essey.
BASF has dropped a lawsuit alleging Sherwood Chemicals infringed two of its patents for an underground termite control system.
Thorn Group is seeking to raise $38.7 million to cover its share of a $29 million settlement in a consumer class action alleging its Radio Rentals unit pushed misleading ‘Rent, Try, $1 Buy’ leases onto vulnerable customers.
After four years of litigation, the Volkswagen diesel emissions class actions have reached an in-principle settlement of up to $127.1 million, with affected consumers expected to receive $1,400 per vehicle on average if 100 per cent participation is achieved.
The High Court has cleared the way for victims of a rubbish tip fire that tore through 17,000 acres of farmland in the NSW Riverina to claim more than $20 million in damages in a class action, after rejecting an appeal bid by the local council.
A judge has thrown out the NRMA’s consumer case against the maritime union over its Sydney fast ferry campaign, ruling that a verdict in favour of the motoring body would have brought the “the entire field of industrial relations within the operation of consumer legislation”.
The competition regulator has given rural retailer company Elders the greenlight to proceed with its proposed $187 million acquisition of wholesale group Australian Independent Rural Retailers, but has warned it will be paying close attention to any future consolidation in the rural sector.