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Full Court deals drug companies a blow on patent term extensions
Appeals 2022-03-18 10:27 pm By Miklos Bolza Sydney

The Full Court has upheld two judgments that shortened patent term extensions granted to Merck Sharpe & Dohme and Ono Pharmaceuticals, finding the extension regime cannot be construed as achieving a “commercial outcome for a patentee”.

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No duty of care owed to kids by environment minister, Full Court rules
Appeals 2022-03-15 10:45 am By Christine Caulfield Melbourne

The Full Federal Court has overturned a historic judgment that found the federal minister for the environment owed a duty of care to Australians under 18 to protect them from ‘catastrophic’ harm caused by the approval of the Vickery coal mine expansion.

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Facebook takes fight over Cambridge Analytica case to High Court
Australian Government Solicitor 2022-03-14 2:17 pm By Miklos Bolza Sydney

Facebook has filed an application with the High Court seeking to overturn a judgment that found it can be sued in Australia for alleged privacy violations over the Cambridge Analytica scandal.

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Flying Eureka Flag at construction sites banned under building code, court finds
ABCC 2022-03-11 9:24 pm By Miklos Bolza Sydney

A court has found that flying flags associated with the Eureka Rebellion or displaying material bearing union mottos and indicia at construction sites contravenes the Building Code.

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High Court to weigh in on patentability of computer-implemented inventions
Appeals 2022-03-10 11:53 pm By Cat Fredenburgh Melbourne

The High Court has decided to weigh in on whether computer-implemented inventions are eligible for patent protection, granting special leave to Aristocrat Technologies to challenge a judgment that shot down four patents for its popular Lightning Link electronic poker machine.

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Law firm wants bigger slice of $112M Robodebt settlement to cover costs
Australian Government Solicitor 2022-03-10 10:45 pm By Christine Caulfield Melbourne

The law firm administering the $112 million Robodebt class action settlement has asked a court to sign off on a $2.2 million bill to cover the full projected costs of distributing the funds, a figure three times the estimate calculated by a costs referee.

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Government rejects duty of care owed in latest climate change class action
Alicia Lyons 2022-02-28 4:35 pm By Miklos Bolza Sydney

The Morrison government has rejected class action claims that it owes a duty of care to Torres Strait Islanders to protect them against the negative effects of climate change, claiming the alleged duty cannot apply to high level government policy.

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ASIC drops most claims against Rio Tinto over $5.8B acquisition
Allen & Overy 2022-02-28 1:31 pm By Miklos Bolza Sydney

The Australian Securities and Investments Commission has dropped all but one claim against Rio Tinto in a four-year-long case over disclosures related to its troubled $5.8 billion acquisition of a Mozambique coal mining business and abandoned all claims against the mining giant’s former CEO and CFO.

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High Court won’t save Lex Greensill from tax on $58M in capital gains
Appeals 2022-02-24 2:19 pm By Cat Fredenburgh Melbourne

The High Court has shot down Greensill founder Lex Greensill’s bid for special leave to challenge a finding that he owes tax on $58 million in capital gains, including income from the sale of shares in the collapsed UK-based supply chain finance company.

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ACCC faces tough questions in appeal of NSW Ports competition case
ACCC 2022-02-17 2:15 pm By Christine Caulfield Melbourne

An appeals court grilled counsel for the ACCC on the first day of a hearing challenging the dismissal of its case over a NSW government deal to privatise two ports, calling on the lawyer to spell out how the state was alleged to be in competition with the consortium that took over the ports.

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