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ASIC flags penalty privilege fight with Nuix directors
Alice Zheng 2023-09-06 10:12 pm By Sam Matthews

As it readies its civil penalty suit against tech company Nuix for trial, ASIC has flagged a possible dispute about the extent of penalty privilege pleaded by a handful of former and current directors named in the case.

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Lights out on Hanhwa’s solar cell patent infringement suit
Christian Dimitriadis 2023-09-01 11:57 pm By Christine Caulfield

A solar cell patent at the heart of intellectual property litigation brought by South Korean technology giant Hanwha has been found invalid.

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Crumbs! Kraft loses opposition to Mars patent for chocolate flavour
Ben Fitzpatrick 2023-08-03 11:13 pm By Cat Fredenburgh

An IP Australia delegate has shot down Kraft’s opposition to a Mars patent for a less costly method for producing the distinct creaminess and flavour of crumb chocolate.

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‘Cloud cuckoo land’: Judge questions class action’s bid to beef up export ban damages claim
Agriculture 2023-07-07 11:21 pm By Sam Matthews

A judge overseeing a class action over the government’s total ban on live cattle exports to Indonesia has challenged the applicant’s bid to base group member damages on an increased number of cows that could have been exported, three years after the lead applicant won a $2.9 million judgment.

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Online traders win discovery in class action over risky CFDs
Alicia Lyons 2023-05-24 5:16 pm By Sam Matthews

Online trading company CMC Markets has succeeded in accessing advice given to class action members who are seeking to recover 10 years’ worth of “significant” losses incurred while trading risky financial products on its mobile and web-based platforms.

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Nuix class action to go ahead despite ASIC case
ASIC 2023-05-02 3:58 pm By Sam Matthews

A shareholder class action against software company Nuix will go ahead as planned, after a stay application threatened to put the proceeding on ice pending the outcome of a separate case brought by ASIC.

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Facebook ad shows use of ‘Motherland’ trade mark, High Court told
Appeals 2023-04-24 10:55 pm By Cindy Cameronne

The High Court has been asked to weigh in on whether online ads targeting Australian consumers can be the basis for a trade mark registration, in a long-running intellectual property spat between the maker of Mother Energy drinks and Vittoria Coffee over their respective ‘mother’ marks.

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‘They’re not going to get anything until 2030’: Irate judge slams delays in live export ban case
Agriculture 2023-04-21 3:38 pm By Sam Matthews

A judge has railed against continuing delays in a class action against the Federal Government over its total ban on live cattle exports to Indonesia in 2011, as group members continue to go unpaid almost three years after a ruling awarding $2.9 million to the lead applicant.

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Vittoria can’t transfer IP spat over Moccona instant coffee jar
Benjamin Cameron 2023-04-17 4:11 pm By Christine Caulfield

Coffee brand Vittoria can’t transfer a case over the trade mark for rival Moccona’s instant coffee jar from one Federal Court registry to another, with a judge reminding the company that the court was “well into the 21st century” and could livestream hearings without the need for interstate travel.

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The top litigation law firms of 2022
Adam Hochroth 2023-03-03 6:35 am By Cat Fredenburgh

Lawyerly’s Litigation Law Firms of 2022 racked up precedent-setting victories in a year that continued to see major developments in class action law.

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