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Full Court says Oxworks wrongly awarded extra damages in patent suit
Anthony Franklin 2020-01-09 5:14 pm By Miklos Bolza Sydney

The Full Federal Court has provided clarity around additional damages in patent cases by reducing the penalties liable to be paid by an Australian fencing and gate manufacturer found to have infringed a rival’s patent for a fence base.

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Ex-Norton Rose partner can’t block King & Wood Mallesons from acting for former firm
Appeals 2020-01-07 10:17 pm By Cat Fredenburgh Sydney

A former Norton Rose Fulbright partner has lost his bid to block King & Wood Mallesons and two barristers from representing the law firm in a long-running feud over his termination, with an appeals court calling his allegations against the legal team “unfounded and misconceived”.

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Corrs partner on the hook for security in DNA patent appeal
Appeals 2020-01-06 5:32 pm By Miklos Bolza Sydney

A partner at Corrs Chambers Westgarth who successfully opposed a genome editing patent by ToolGen, and a corporate predecessor of law firm Ashurst, have been ordered to pay $375,000 in security in an appeal launched by the South Korean biotech firm.

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Ashurst partner’s appeal flops in Point Piper property spat with ex-judge
Appeals 2020-01-06 2:35 pm By Miklos Bolza Sydney

An Ashurst partner that argued a judge was “confused” when he decided to appoint liquidators to his luxury Point Piper home in a dispute with an ex-judge neighbour has lost his challenge to the ruling.

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Takata airbags class actions confirm landmark challenge to class closure order
Allens 2019-12-17 10:50 pm By Miklos Bolza Sydney

The applicants in a group of class actions over defective Takata airbags are pushing ahead with a challenge to the power of the NSW Supreme Court to issue class closure orders in the aftermath of a High Court decision shooting down common fund orders, a fight that could send the cases back to the High Court. 

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Court slashes $450,000 judgment against HWL Ebsworth
Acting Justice Reginald Barrett 2019-12-17 4:05 pm By Miklos Bolza Sydney

An appeals court has slashed a $450,000 judgment against law firm HWL Ebsworth to $127,000, after finding a former partner who sued the firm for unfair dismissal had not lost the opportunity to seek other employment.

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High Court to hear landmark personal leave case
Ai Group Workplace Lawyers 2019-12-13 10:42 pm By Cat Fredenburgh Melbourne

The High Court will hear food manufacturer Mondelez’ challenge to a ruling that struck down its method for calculating workers’ personal days.

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High Court shoots down ABC, Nine appeal in Chau Chak Wing defamation case
Appeals 2019-12-13 9:52 pm By Cat Fredenburgh Melbourne

The High Court will not hear an appeal by the ABC and Nine seeking to revive their truth defence in a defamation lawsuit brought by Chinese businessman Chau Chak Wing.

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Westpac asks High Court to hear personal advice case
Allens 2019-12-11 11:08 pm By Cat Fredenburgh Melbourne

Westpac has filed a special leave application with the High Court seeking further clarity on the line between personal and general advice under financial services laws, after an appeals court handed ASIC a significant win in finding the bank violated its duty to act in its customers’ best interests during a superannuation rollover campaign.

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Higher commission rates, more closed class actions to follow High Court ruling
Analysis 2019-12-04 10:36 pm By Christine Caulfield Melbourne

The end of the common fund order is a setback for class actions that will see a revival of the days of closed proceedings, costly bookbuilding, higher commission rates and the shelving of worthy but risky cases, experts say, and all eyes will now turn to state and federal governments to see how they respond to calls for legislative intervention.

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