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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.
High Court questions power to hold class action contests
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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.
Setka ordered to stop poaching of union members
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CFMEU official Michael O’Connor has successfully appealed a ruling that threw out his lawsuit seeking to restrain union heavyweight John Setka from poaching members from the union’s manufacturing division.
One Nation joins class action reform pushback
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One Nation leader and senator Pauline Hanson will seek amendments to the government’s proposed class action reforms by permitting third party litigation funders to bring claims without a financial services licence if they can guarantee that at least 70 per cent of returns will go to group members.
Shareholder locked in feud with funder drops stay bid in S&P class action
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A contractual dispute between a litigation funder and the lead applicant in a class action against S&P will not prevent the class action from progressing, with both parties giving undertakings to preserve the status quo while the feud remains on foot.
Top judge nudges ASIC, Allianz away from ‘bastardised’ pleadings in travel insurance case
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The Federal Court’s top judge has cautioned ASIC and insurers Allianz and AWP against presenting a “bastardised form of pleading” in the financial watchdog’s action over the alleged misleading sale of travel insurance to over 31,000 consumers.
Judge questions vulnerability of group members in Robodebt class action
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A judge has expressed doubts that every group member in the Robodebt class action is vulnerable, as the parties gear up for two-week trial in the high-profile case over the unlawful debt recovery method that begins Monday.
High Court set to rule on patent exhaustion in ink cartridge case
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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.
COVID-19 economic crisis, class actions and funded litigation
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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.
Businesses will soon face fines for unfair contract terms
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Businesses will face fines for imposing unfair contract terms on consumers and small businesses under expected changes to Australian Consumer Law announced Tuesday.