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Philips class action pleading not the ‘finest piece of work’: judge
Peter Cashman 2023-11-30 4:51 pm By Cindy Cameronne

A judge has told the law firm that has taken over a class action against Philips Electronics over recalled sleep apnea machines to take its time when amending the pleading, which he said was not the “finest piece of work” he’d ever seen.

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Ford scores partial win in class action appeal over defective PowerShift transmissions
Class Actions 2023-11-14 1:41 pm By Cat Fredenburgh

US car giant Ford has partially succeeded in its challenge to a judgment that found it owed more than $6,800 to the lead applicant in a class action over defective PowerShift transmissions, but the High Court may ultimately decide how damages should be calculated under the Australian Consumer Law for reduction in value.

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India may take ruling over foreign state immunity waiver to High Court
Arbitration 2023-11-10 11:03 am By Sam Matthews

The government of India has flagged a possible special leave application if it loses its appeal of a decision finding it can’t avoid a $111.3 million arbitral award in a dispute with three Mauritian companies that invested in Indian satellites because it waived its foreign state immunity.

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Meta loses bid to put ACCC’s crypto ad case on ice
Competition & Consumer Protection 2023-10-25 10:59 pm By Cat Fredenburgh

A judge has rejected Facebook owner Meta’s request to pause a caseĀ  by the Australian Competition and Consumer Commission over scam cryptocurrency ads until a private criminal action by mining magnate Andrew Forrest is decided.

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India canā€™t avoid $111.3M arbitral award over aerospace investments
Arbitration 2023-10-24 4:16 pm By Cindy Cameronne

The Indian government has lost its bid to dodge a $111.3 million arbitral award in a dispute with three Mauritian companies that invested in Indian satellites, with a judge finging the country waived its foreign state immunity.Ā 

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NAB ā€˜obligedā€™ to charge adviser fees at issue in class action, court told
Trials 2023-10-10 10:10 pm By Cindy Cameronne

NAB unit NULIS Nominees was not only allowed to charge superannuation fund members fees for adviser commissions, it was “obliged” to do so, a court has heard during a class action trial over alleged conflicted remuneration.Ā 

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Trial kicks off in adviser fee class action against NAB
Trials 2023-10-09 10:45 pm By Cindy Cameronne

NAB unit NULIS Nominees was ā€œhopelessly conflictedā€ in continuing to charge allegedly unlawful adviser commissions to superannuation fund members, a court has heard on the first day of a class action trial.

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Top class action, commercial barristers among 25 new silks
Business of Law 2023-10-06 10:42 pm By Sam Matthews

Twenty-five barristers have joined the rank of silk in NSW, including one who represented AMP in a class action that settled for $100 million and another who is assisting the Commonwealth in its fight to recoup $325 million in excess subsidies in a dispute over generic Plavix.

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Government brings $325M High Court challenge over generic Plavix ban
High Court 2023-08-31 4:18 pm By Cindy Cameronne

A 16-year battle between the federal government and drug maker Sanofi-Aventis over an allegedly unjustified court order that prevented the release of a generic version of blockbuster blood-thinner Plavix has gone to the High Court.

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Sanofi defeats government’s $325M appeal over generic Plavix ban
Intellectual Property 2023-06-26 4:00 pm By Cindy Cameronne

Drug maker Sanofi-Aventis is not liable for the federal governmentā€™s losses for excess subsidies paid for the blood-thinner Plavix after an allegedly unjustified court injunction prevented the release of a generic version of the blockbuster drug, an appeals court has found.

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