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Barristers call for end to secrecy of judicial appointments process
High Court 2020-11-17 3:31 pm By Christine Caulfield

The recent appointments to the High Court have mystified some senior members of the bar, raising questions about the secretive nature of the process and prompting renewed calls for an independent judicial appointments panel to expose the selection process to the light of day.

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High Court won’t hear Kraft, Bega peanut butter trade dress dispute
Appeals 2020-11-13 4:27 pm By Cat Fredenburgh

The High Court won’t wade into Kraft-Heinz’s intellectual property dispute with Bega after the US food giant came up short twice its battle over the right to use its peanut butter trade dress in Australia.

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In loss for Seiko, High Court adopts patent exhaustion doctrine
Peter Creighton-Selvay 2020-11-12 1:16 pm By Cat Fredenburgh

The High Court has ruled that a patentee’s rights to control what can be done with a patented product after it is sold are “exhausted” upon sale.

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High Court questions power to hold class action contests
Class Actions 2020-11-11 11:57 pm By Christine Caulfield

That a first filed case should be the presumptive winner in a competition between class actions seemed a losing argument before the High Court on Tuesday as the justices weighed a challenge to a ruling picking one among a group of class actions against AMP, but the court also appeared skeptical of the power to hold wide ranging inquiries into the merits of competing cases.

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High Court set to rule on patent exhaustion in ink cartridge case
High Court 2020-11-11 2:23 pm By Cat Fredenburgh

The High Court will hand down its highly anticipated decision in a patent dispute between printer giant Seiko Epson and ink cartridge reseller Calidad on Thursday, a ruling expected to provide clarity on the the rights of businesses to modify patented goods.

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COVID-19 economic crisis, class actions and funded litigation
Expert Insights 2020-11-11 12:30 pm By Editor

Will we see an increase in class actions and funded litigation following the COVID-19 financial crisis similar to that following the global financial crisis? If there is an onslaught of corporate failures, including failed managed investment schemes, then such litigation seems likely to ensue. However, in the last year, Parliament and the courts have taken steps which might slow such litigious activity, says Susan Goodman of Holding Redlich.

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Class action beauty parade takes centre stage at High Court
Class Actions 2020-11-09 10:56 pm By Christine Caulfield

The eyes of class action lawyers will be on the High Court Tuesday as it hears arguments over a judge’s power to choose a single class action among competing proceedings and what, if anything, should be made of a case’s funding structure and likely returns to group members when picking a winner.

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Another aged care provider faces class action over COVID-19 outbreak
Class Actions 2020-11-09 12:15 pm By Cat Fredenburgh

A nursing home in Melbourne’s Western suburbs may be hit with a class action over a COVID-19 outbreak at the facility that resulted in the deaths of 11 residents.

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COVID-19 lockdown challenge tossed by High Court
High Court 2020-11-06 11:39 pm By Christine Caulfield

The High Court has unanimously rejected a constitutional challenge against the Victorian government over its COVID-19 lockdown measures.

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Qantas engineers appeal COVID-19 stand down win for airline
Employment 2020-11-06 2:10 pm By Christine Caulfield

Aircraft engineers for Qantas are challenging a ruling that the airline had no “genuine choice” when it stood them down in March during the COVID-19 pandemic.

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