3851-3860 of 4022 results
Federal Court orders disclosure of class action respondent's insurance policies, affirming a recent trend
In the Radio Rentals Class Action, the Federal Court of Australia has ordered - over the objection of an Insurer - that a respondent disclose its insurance policies to the applicant. ...
A positive result for diagnostic method patents in Australia
In the highly anticipated decision Sequenom, Inc. v Ariosa Diagnostics, Inc. [2019] FCA 1011, the Federal Court has confirmed that diagnostic methods remain patent-eligible subject matter in Australia … at least for now. ...
The ACCC looking to the future – what is a 'representation with respect to a future matter'?
After losses in the Federal Court, the ACCC has now appealed decisions in cases against Kimberly-Clark and Woolworths. In both cases, the ACCC alleged that misleading representations were made with respect to future matters. ...
No safe harbours for mortgage brokers in latest reforms
Hot on the heels of its Implementation Roadmap, the Federal Government has released draft legislation introducing a best interests duty and banning conflicted remuneration for mortgage brokers. ...
Treasurer's 'Roadmap' more a reminder than an explainer
The Treasurer, the Honourable Josh Frydenberg, released the Government's 'Implementation Roadmap' today to 'provide clarity and certainty' about the Government's ongoing work to implement the recommendations of the Royal Commission ...
ASIC's product intervention power – time to permanently retire a furphy?
Three consultation papers released by ASIC in recent times are far more interesting for what they reveal about whether the newly-minted product intervention power was really needed in the first place, than they are for what they say about ASIC's intentions in exercising the power. ...
ACCC contemplates broader powers; new guidance on the IP exemption repeal; and the final word on foreign currency conversion services
ACCC contemplates broader powers; new guidance on the IP exemption repeal; and the final word on foreign currency conversion services ...
IP Australia moves towards protecting Indigenous knowledge
IP Australia has released a report summarising stakeholder feedback on how Australia's IP system can be improved to protect and promote the integrity of Indigenous Knowledge ...
NSW Government to prohibit scope 3 greenhouse gas emissions conditions
Conditions of development consent regulating scope 3 greenhouse gas (GHG) emissions outside Australia will be prohibited under proposed legislation introduced into the NSW Parliament. The draft legislation forms part of a package of measures announced by the Deputy Premier to provide certainty for mining investment, which includes continuing the previously announced review of the Independent Planning Commission (IPC). ...
Queensland Supreme Court refuses to order disclosure of class action defendant's insurance policy, providing further guidance on the making of such orders
The Queensland Supreme Court has refused an application by a class action plaintiff seeking to compel the defendant to disclose its insurance policy and documents relating to its insurance position. In doing so, the court commented on the recent Federal Court decision in the Radio Rentals class action but came to a different result on the facts. This decision shows that when determining whether or not to make an order for disclosure, the court is likely to take into account the defendant's financial capacity, and may be less likely to make such an order where the defendant's solvency is not a concern. ...