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ABC can’t access training information in ex-soldier’s discrimination case
Human Rights 2024-03-26 4:38 pm By Sam Matthews

An appeals court has granted the Commonwealth’s bid to suppress material relating to its “conduct after capture” training in a discrimination case brought by a former ADF member, finding that a document is not in the public domain simply because it is available for inspection on the court file.

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BHP fights class action’s bid to augment group after pleading mistake
Class Actions 2024-03-25 9:58 pm By Sam Matthews

A five-year-old class action against BHP over the collapse of a Brazilian dam is seeking to amend the group definition following a judgment limiting the class size, but the mining company says it should not be punished for the applicant’s pleading mistake.

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‘Embarrassing in the true sense’: Westpac class action faces strike-out bids
Class Actions 2024-03-25 3:12 pm By Sam Matthews

Westpac subsidiary BT Funds Management and Tal Life Insurance have foreshadowed applications to strike out the pleadings of a class action alleging superannuation customers were overcharged for insurance coverage. 

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Judge rejects ASIC’s first case over unfair insurance contract terms
Insurance 2024-03-22 4:18 pm By Sam Matthews

A judge has dismissed the corporate regulator’s first-ever case over unfair insurance contracts terms, finding it was not unfair for an insurer to require customers to notify it if anything changed about their home or its contents.

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Ashurst partner predicts more defence firms to start filing class actions
Business of Law 2024-03-22 1:15 am By Sam Matthews

Ashurst has bolstered its disputes team by reclaiming a senior commercial litigation partner from Clifford Chance, who has predicted more defence firms will cross over and represent plaintiffs in class actions.  

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Sun Pharma challenges Abilify patent term extension
Intellectual Property 2024-03-22 9:01 am By Sam Matthews

Indian generics company Sun Pharma has taken Otsuka Pharmaceutical to court, alleging an extension for the patent for an injectable form of the Japanese drug maker’s blockbuster antipsychotic Abilify was wrongly granted and should be invalidated.

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Subpoenas to identify group members in Mercedes-Benz class action ‘improper’: judge
Class Actions 2024-03-21 4:32 pm By Sam Matthews

A judge has set aside subpoenas in a class action against Mercedes-Benz over alleged emissions cheating seeking material to identify group members and clarify the composition of the class, finding they were not issued for a legitimate forensic purpose.

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Former EY partner sued over tax loss scheme commissions
Tax 2024-03-21 4:43 pm By Sam Matthews

A client of EY has sued a former partner at the firm, accusing them of collecting $700,000 in secret payments as part of a tax loss scheme.

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Nature’s Care founders can’t suppress all docs in fight with ATO
Tax 2024-03-20 10:11 pm By Sam Matthews

A judge has rejected sweeping suppression orders sought by the founders of vitamin giant Nature’s Care over documents in a $200 million tax debt stoush with the Deputy Commissioner of Taxation, instead making limited suppression orders in light of the “serious” allegations made in the case. 

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Aussie Broadband challenges Superloop sell order amid takeover fight
Telecommunications 2024-03-20 4:19 pm By Sam Matthews

Aussie Broadband is seeking to set aside a notice from the board of internet service provider Superloop directing it to sell down its 19.9 shareholding in the company, arguing the sell order was made for an improper purpose amid a “contested takeover battle” between the companies. 

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