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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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Judge approves walkaway settlement in St Patrick’s Day bushfire class action
Article 2019-08-06 6:50 pm By Amelia Birnie Sydney

A judge has signed off on the walkaway settlement reached in one of four St Patrick’s Day bushfire class actions filed by Maddens Lawyers, noting that the plaintiff faced a “very real risk of not succeeding” in some of its primary claims.

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Unilever drops appeal over Nivea deodorant claims
Allens 2019-08-05 9:53 pm By Cat Fredenburgh Melbourne

Consumer giant Unilever has dropped its challenge to a ruling that found competitor Beiersdorf did not make misleading claims about its Nivea clinical strength deodorant products.

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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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ABC, Fairfax can’t revive truth defence in Chau Chak Wing defamation case
ABC 2019-08-02 10:05 pm By Miklos Bolza Sydney

The ABC and Fairfax have lost their appeal seeking to revive a truth defense in a defamation case brought by Chinese businessman Dr Chau Chak Wing over a Four Corners program accusing him of espionage and links to the Chinese Communist Party.

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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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Moreton wins appeal over R&D tax credits for failed coal gasification project
Appeals 2019-07-31 3:39 pm By Miklos Bolza Sydney

Australian coal miner Moreton Resources has won a Full Federal Court appeal over tax offsets it claims are owed over a failed pilot project testing underground coal gasification, a process which was ultimately banned in Queensland.

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Landmark offers to shed stores to win ACCC blessing for $469M Ruralco takeover
Article 2019-07-29 9:48 pm By Cat Fredenburgh Melbourne

Rural supply giant Landmark’s has offered to sell three stores to win Australian Competition and Consumer Commission approval for its proposed $469 million takeover of competitor Ruralco, a move that would consolidate two of the three largest players in the rural merchandise market.

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Judge discontinues Queensland legal fees class action
Article 2019-07-29 2:51 pm By Amelia Birnie Sydney

A judge has discontinued a class action brought against a Queensland law firm over allegedly non-compliant conditional costs agreements, after finding no evidence that anyone other than the lead plaintiff was interested in bringing a claim.

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‘Sigh’: Judge inadvertently sends email to applicant, and reveals he’s human
Article 2019-07-25 3:28 pm By Christine Caulfield Melbourne

A Federal Court judge has admitted he insulted an applicant in a case against the Commonwealth when he inadvertently sent her an email meant for his associate, in which he sarcastically used the word “sigh” in response to the applicant advising the court of her hospitalisation.

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