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Otsuka ‘deliberately’ withheld information from court, Generic Health claims
Intellectual Property 2019-09-17 9:30 pm By Miklos Bolza

Pharmaceutical company Generic Health has told the Federal Court that, on advice from their solicitors, Otsuka and Bristol-Myers Squibb “deliberately” chose not to disclose their reasons for an admission in a long-running patent case over the anti-psychotic drug Abilify, which they are now seeking to withdraw.

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Privilege not waived by Allens lawyer’s inadvertent disclosure, court says
Energy & Natural Resources 2019-06-07 9:26 pm By Amelia Birnie

A court has ordered the plaintiffs in a coal mine development contract dispute to destroy unredacted copies of privileged legal advice that were inadvertently disclosed by a solicitor for Allens, which was acting for the other side.

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ASIC fights ANZ bid to stay capital raising case as cartel action hangs over bank
ASIC 2019-06-05 8:51 pm By Christine Caulfield

The Australian Securities and Investments Commission is pushing back against an application by ANZ Bank to stay the regulator’s civil penalties case over disclosures related to a $2.5 billion equity capital raising while it defends against criminal charges related to the controversial share placement.

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Common fund orders fulfil class action promise, lawyers tell historic appeals court
Appeals 2019-02-05 10:50 pm By Miklos Bolza

Common fund orders are the completion of the notion of class actions envisaged when the regime was introduced 27 years ago, a joint-sitting of two appeals courts was told on the second and last day of a landmark challenge to what has become an oft-used case management tool by trial judges.

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Commonwealth slams Otsuka’s ‘inconsistent’ defences in Abilify patent case
Intellectual Property 2018-12-10 10:02 pm By Miklos Bolza

The Commonwealth has urged the court to strike out the “inconsistent” pleadings of pharmaceutical firms Otsuka and Bristol-Myers Squibb in a patent case over the antipsychotic drug Abilify, calling them a “scandal” which could bring disrepute to the administration of justice.

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GetSwift ruling to offer roadmap for competing class actions
Appeals 2018-11-19 9:18 pm By Christine Caulfield

A groundbreaking judgment by the Full Federal Court over competing class actions will be handed down Tuesday morning and is expected to give judges much needed guidance on how to move forward when confronted, as they increasingly are, with multiple proceedings over the same alleged misconduct.

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Otsuka defence threatened in Abilify patent case
Intellectual Property 2018-11-05 9:03 pm By Miklos Bolza

The Commonwealth of Australia is weighing a bid to strike out Otsuka Pharmaceutical’s defence as the government seeks lost subsidies after an almost seven-year long patent dispute over the antipsychotic drug, Abilify.

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Cash Converters to pay $16.4M to settle consumer class action
Class Actions 2018-10-22 1:48 pm By Cat Fredenburgh

Cash Converters has reached a settlement on the eve of trial in one of two consumer class actions alleging it engaged in unconscionable conduct by imposing high interest rates on short-term loans.

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Kleenex flushable wipes an ‘environmental catastophe’, ACCC tells court
Competition & Consumer Protection 2018-09-17 9:07 pm By Miklos Bolza

The Australian Competition and Consumer Commission has launched its opening volley against consumer goods giant Kimberly-Clark Australia, saying its Kleenex ‘flushable’ wipes were unsuitable for sewers and septic tanks and an “enormous burden” on the Australian wastewater system.

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Auto giants ready to talk settlement in Takata class actions
Product Liability 2018-08-28 9:54 pm By Miklos Bolza

Six major car companies indicated Tuesday they were open to a quick settlement of class actions brought on behalf of potentially hundreds of thousands of Australian drivers whose cars were fitted with defective and deadly Takata airbags.

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