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Full Court docket stacked with class action appeals
The Full Federal Court is set to hear appeals in four class actions in the August sitting, giving the court a chance to address important issues, including cost-capping in joint class actions and security for costs in unfunded cases. Here, we give you the run-down on each of the upcoming challenges.
Innovation patents phase out: What you need to know
The Australian federal government’s proposed legislation to abolish the innovation patent system, Australia’s second tier patent system, was introduced into parliament on July 25. Here, Griffith Hack's Dr Malcolm Lyons and Dr Justin Sweetman tell you what you need to know about the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2019.
Judge approves walkaway settlement in St Patrick’s Day bushfire class action
A judge has signed off on the walkaway settlement reached in one of four St Patrick’s Day bushfire class actions filed by Maddens Lawyers, noting that the plaintiff faced a “very real risk of not succeeding” in some of its primary claims.
Unilever drops appeal over Nivea deodorant claims
Consumer giant Unilever has dropped its challenge to a ruling that found competitor Beiersdorf did not make misleading claims about its Nivea clinical strength deodorant products.
If two’s company and three’s a crowd, what are four and five? Multiplicity in the class action arena
Notwithstanding a recent increase in competing shareholder class actions, on the whole, competing class actions have remained unusual, and courts have demonstrated that they are well equipped to apply appropriate considerations and principles on a case by case basis, employing a range of case management tools to ensure justice is done without the need for legislative intervention, writes Slater & Gordon class action associate Victoria Sparks.
ABC, Fairfax can’t revive truth defence in Chau Chak Wing defamation case
The ABC and Fairfax have lost their appeal seeking to revive a truth defense in a defamation case brought by Chinese businessman Dr Chau Chak Wing over a Four Corners program accusing him of espionage and links to the Chinese Communist Party.
The distinction between repair and re-making: The Full Court clarifies the law on refurbishing a patented product
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.
Moreton wins appeal over R&D tax credits for failed coal gasification project
Australian coal miner Moreton Resources has won a Full Federal Court appeal over tax offsets it claims are owed over a failed pilot project testing underground coal gasification, a process which was ultimately banned in Queensland.
Landmark offers to shed stores to win ACCC blessing for $469M Ruralco takeover
Rural supply giant Landmark's has offered to sell three stores to win Australian Competition and Consumer Commission approval for its proposed $469 million takeover of competitor Ruralco, a move that would consolidate two of the three largest players in the rural merchandise market.
Judge discontinues Queensland legal fees class action
A judge has discontinued a class action brought against a Queensland law firm over allegedly non-compliant conditional costs agreements, after finding no evidence that anyone other than the lead plaintiff was interested in bringing a claim.