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Rio Tinto execs want ASIC trial vacated due to COVID-19
Energy & Natural Resources 2020-11-04 2:21 pm By Cat Fredenburgh

Two former executives of mining giant Rio Tinto accused by ASIC of breaching their directors duties have asked the court to vacate an upcoming trial, after raising concerns that COVID-19 could affect their ability to appear.

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Judge fines NAB $15M, questions ASIC’s ‘introducer’ investigation
Financial Services 2020-10-19 6:01 pm By Miklos Bolza

A judge has slapped National Australia Bank with a $15 million penalty over its scandal-ridden home loan introducer program but slammed ASIC’s investigation into the program, saying there was no “real regulatory desire to pursue a thorough investigation as to what in truth occurred”.

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COVID-19 concerns put ASIC’s Rio Tinto trial at risk
Energy & Natural Resources 2020-09-08 12:20 pm By Miklos Bolza

A seven-week trial in ASIC’s misleading conduct case against Rio Tinto may have to be postponed after two executives of the mining giant raised concerns that COVID-19 could impact their ability to appear as defendants in the case.

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ASIC pushes for $15M fine in NAB ‘Introducer’ case, but judge questions scope of investigation
Financial Services 2020-07-20 9:21 pm By Alison Eveleigh

ASIC has called for a $15 million penalty against National Australia Bank over its scandal-ridden ‘Introducer’ loan referral program, but a judge has questioned the “superficial” investigations in the case and remarked on the corporate regulator’s “pattern” of bringing enforcement action after remediation programs were well underway.

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‘Horrendous class action journey’: BoQ case should be focus of inquiry, group members say
Class Actions 2020-07-15 11:23 pm By Miklos Bolza

Elderly victims of Ponzi schemer Bradley Sherwin have told the government’s class action inquiry of their “horrendous class action journey”, which led to a “pathetic outcome” in which the majority of a $12 million settlement with the Bank of Queensland went to the law firm and funder behind the case.

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Atanaskovic Hartnell loses fee fight with company fleeced by Brody Clarke
Business of Law 2020-05-18 11:35 am By Miklos Bolza

Atanaskovic Hartnell has mostly come up short in a court battle for over $172,000 in legal fees, with a judge finding the law firm was in a “manifest position of conflict” in its dispute with two media companies defrauded by one of its former lawyers, Brody Clarke.

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Settlement in Ralan class actions to be kept under wraps amid threat of more lawsuits
Class Actions 2020-05-14 6:02 pm By Miklos Bolza

The settlement sum in three class actions against law firms that allegedly gave negligent advice about property investments in the now-defunct Ralan Group has been suppressed, after the court heard there was a risk of future claims being brought.

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Government loses case claiming $325M over generic Plavix delay
Intellectual Property 2020-04-28 6:05 pm By Miklos Bolza

A court has dismissed a claim by the Australian Government for $325 million against pharmaceutical companies Sanofi and Bristol-Myers Squibb allegedly owed for excess subsidies it paid for blood-thinner Plavix as a result of an interlocutory injunction blocking a generic version of the blockbuster drug.

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Otsuka, Bristol-Myers can withdraw admissions in Abilify damages case
Intellectual Property 2020-03-02 4:05 pm By Cat Fredenburgh

A judge has granted a request by Otsuka and Bristol-Myers Squibbs to withdraw admissions in proceedings brought by Generic Health seeking damages, after the generic drug maker was temporarily blocked from selling a generic version of antipsychotic Abilify in a patent dispute in which it ultimately triumphed.

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‘I never liked common fund orders anyway’: Judge gives thumbs up to High Court ruling
Class Actions 2020-02-28 12:53 pm By Miklos Bolza

A  judge overseeing a shareholder class action against collapsed engineering group RCR Tomlinson has said goodbye to the common fund order in the case while welcoming last year’s High Court decision preventing these orders from being made at the early stage in class actions.

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