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Cross-border cooperation: Federal Court considers ‘classic candidate’ for coordination with High Court of New Zealand
Expert Insights 2019-09-02 10:09 pm By WP Creative

A recent Federal Court decision means cooperation between courts in different international jurisdictions, which would once have been regarded as entirely novel, may now be a welcome option for liquidators to achieve a more efficient liquidation of insolvent corporate groups, writes K&L Gates’ Jason Opperman, Katherine Smith and Catherine Crawford.

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You can’t have your contract and eat it: electing not to terminate
Contracts 2019-08-23 8:22 pm By WP Creative

A party to a contract may be precluded from enforcing a contractual right if it has acted in a way that is clearly inconsistent with that right under the doctrine of election. Recently, the NSW Court of Appeal applied the principles of election to a complex factual scenario and the lesson from the decision is this — if you have a right to terminate a contract, you should expressly communicate your intentions to the other party as soon as possible after the right to terminate enlivens, says McCabe Curwood managing principal Andrew Lacey.

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Innovation patents phase out: What you need to know
Expert Insights 2019-08-07 9:54 pm By WP Creative

The Australian federal government’s proposed legislation to abolish the innovation patent system, Australia’s second tier patent system, was introduced into parliament on July 25. Here, Griffith Hack’s Dr Malcolm Lyons and Dr Justin Sweetman tell you what you need to know about the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2019.

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If two’s company and three’s a crowd, what are four and five? Multiplicity in the class action arena
Class Actions 2019-08-05 3:44 pm By WP Creative

Notwithstanding a recent increase in competing shareholder class actions, on the whole, competing class actions have remained unusual, and courts have demonstrated that they are well equipped to apply appropriate considerations and principles on a case by case basis, employing a range of case management tools to ensure justice is done without the need for legislative intervention, writes Slater & Gordon class action associate Victoria Sparks.

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The distinction between repair and re-making: The Full Court clarifies the law on refurbishing a patented product
Expert Insights 2019-08-01 9:29 pm By WP Creative

The important decision by the Full Court of the Federal Court in Calidad Pty Ltd v Seiko Epson Corporation clarifies the position on an area of law that, surprisingly, is still developing in Australia, namely the scope of the implied licence issuing from the sale of a patented product, writes Duncan Longstaff and Roshan Evans of Shelston IP.

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Shifting sands: orders for defendants to produce insurance policies in class actions
Class Actions 2019-07-17 11:22 pm By Cat Fredenburgh

We have started to see the Federal Court use its discretionary powers in respect of class actions to order defendants to disclose their insurance policies to plaintiffs. The emergence of these disclosure orders is an example of the flexible and pragmatic approach increasingly being adopted by the Federal Court in class actions, say Johnson Winter & Slattery’s Frances Dreyer and Nicholas Briggs.

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The inconvenient truth about class actions – they have decreased by almost half in 2019
Class Actions 2019-06-25 9:22 pm By Christine Caulfield

We have been told for so long that the volume of class action litigation continues to increase at a rapid rate, thus requiring significant legislative intervention, that the title of this piece may (legitimately) prompt at least some readers to check if today is the 1st of April. But this is no April Fools’ Day prank.

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Class actions in NSW Supreme Court do not require plaintiffs to have a claim against all defendants
Article 2019-03-21 9:17 pm By Christine Caulfield

In a first for the NSW Supreme Court, Judge Peter Garling last week found that the plaintiff in a class action does not need to have a claim against all defendants, a case that could make life much easier for plaintiff lawyers, says barrister Daniel Meyerowitz-Katz of Second Floor Wentworth Chambers.clas

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IP exemptions to competition laws to be removed
Competition & Consumer Protection 2018-11-29 9:04 pm By Cat Fredenburgh

IP owners need to consider the key or core licensing arrangements over the next six months and consider the competition law implications of conditions/restrictions in these licences, say Ayman Guirguis and David Howarth of K&L Gates.

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