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Jack de Belin drops appeal of NRL no-fault stand down rule
Appeals 2019-08-26 11:30 am By Cat Fredenburgh Melbourne

Rugby league player Jack de Belin has dropped his appeal of a ruling dismissing his challenge to the National Rugby’s League “no fault” stand-down rule.

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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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ACCC waves $469M Landmark, Ruralco deal through
Article 2019-08-22 3:37 pm By Cat Fredenburgh

The ACCC won’t stand in the way of rural supply giant Landmark’s proposed $469 million takeover of competitor Ruralco, with the competition regulator saying the importance of customer relationships would leave room for independent retailers to compete.

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Funder wants 25% of recovery in class action over ‘illusory’ vehicle warranties
Article 2019-08-14 9:23 pm By Christine Caulfield Melbourne

The funder behind a class action against a unit of car leasing company McMillan Shakespeare for allegedly engaging in unfair tactics when selling car warranties is seeking a 25 per cent cut of any settlement reached in the case.

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Dow AgroScience pest control patent lacks inventive step, IP Australia says
Agriculture 2019-08-14 11:20 am By Miklos Bolza Sydney

IP Australia has rejected Dow AgriCulture’s bid to patent a smart pest control device, saying the invention lacks an inventive step.

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Judge orders release of emails by lawyer who told ex-Secure Logic exec to destroy computer files
Article 2019-08-13 8:41 pm By Christine Caulfield Melbourne

A judge has ruled that a former executive of cyber security firm Secure Logic Group, who took advice from a lawyer to destroy the contents of a personal computer that allegedly contained confidential infomation from the company, has waived legal professional privilege over the communication.

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Spruson & Ferguson nabs of counsel from Phillips Ormonde Fitzpatrick
Intellectual Property 2019-08-13 2:23 pm By Christine Caulfield Melbourne

IP boutique Spruson & Ferguson has lured former Phillips Ormonde Fitzpatrick patent attorney Ken Bolton to join the firm’s Sydney office as of counsel.

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Westpac defeats ASIC home loan case
ASIC 2019-08-13 11:43 am By Amelia Birnie Sydney

Westpac has defeated a responsible lending case brought by the Australian Securities and Investments Commission in relation to almost 262,000 home loans, with the Federal Court finding the corporate regulator misinterpreted the operation of national lending laws.

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Garuda reveals debts of $480M, but can’t dodge $19M cartel fine yet
Appeals 2019-08-09 5:18 pm By Miklos Bolza Sydney

Indonesian airline Garuda has failed in its bid to stay a $19 million penalty for its role in a fuel surcharge cartel after telling the Federal Court it has debts of $480 million, with a judge saying he would be allowing the company to trade while insolvent if he granted the stay.

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Full Court docket stacked with class action appeals
Appeals 2019-08-08 10:54 pm By Christine Caulfield Melbourne

The Full Federal Court is set to hear appeals in four class actions in the August sitting, giving the court a chance to address important issues, including cost-capping in joint class actions and security for costs in unfunded cases. Here, we give you the run-down on each of the upcoming challenges.

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