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Novartis wins injunction to stop generic version of blockbuster MS drug, for now
Intellectual Property 2021-04-12 2:51 pm By Cindy Cameronne

Swiss drug giant Novartis has secured an injunction temporarily blocking drug maker Pharmacor from launching a generic version of the company’s top-selling MS drug Gilenya in Australia.

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Court orders G8 class action plaintiff to remove redaction from costs agreement
Class Actions 2021-04-12 11:00 am By Miklos Bolza

A judge has ordered the lead applicant in a shareholder class action against G8 Education to disclose a previously redacted clause of a costs agreement to the childcare centre operator, saying he failed to show how supplying the information would give G8 a tactical advantage in the case.

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Judge sends Epic’s competition dispute with Apple to California
Competition & Consumer Protection 2021-04-09 11:44 pm By Cat Fredenburgh

A judge has found that a clause in Apple’s agreement with developers requires that Fortnite game developer Epic Games litigate a closely watched competition lawsuit against the tech giant on its home turf. 

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Volkswagen loses appeal of landmark $125M fine in ‘turning point’ for ACCC
Competition & Consumer Protection 2021-04-09 8:55 pm By Cindy Cameronne

Volkswagen has lost its challenge to a landmark $125 million Dieselgate penalty handed down by a judge who lambasted a $75 million fine proposed by the ACCC as “manifestly inadequate”, in what ACCC chair Rod Sims told Lawyerly was a “turning point” for the regulator to push for higher fines.

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Judge nips Advanta Seeds class action in the bud, finds no duty of care owed
Class Actions 2021-04-09 5:59 pm By Miklos Bolza

Advanta Seeds has defeated a class action brought over contaminated seeds, with a court finding the Australian seed supplier did not owe a duty of care to irate farmers who allegedly suffered loss and damage from the decreased value of their sorghum crops sowed in the 2010/2011 summer season. 

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HWL Ebsworth advice to Quay Eyewear protected by privilege, judge rules
Employment 2021-04-09 3:18 pm By Cindy Cameronne

A director of sunglasses company Quay Eyewear has lost her bid to access HWL Ebsworth’s advice to the company given during legal proceedings which accused her of tortious interference, breach of directors’ duties and intellectual property violations.

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Law firm drops opt out clause from funding agreement in Boral class action
Class Actions 2021-04-09 3:11 pm By Miklos Bolza

Phi Finney McDonald will amend its funding agreement with Therium in a shareholder class action against Boral after a judge found that an irrevocable opt out provision placed the law firm in a “manifest position of conflict”.

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‘Significant allegations’: ASIC ordered to flesh out case against REST
Financial Services 2021-04-09 2:53 pm By Cindy Cameronne

A judge has ordered ASIC to flesh out its case accusing the Retail Employees Superannuation of misleading members about their ability to move their super out of the REST Trust, given the “significant” allegations that a deliberate system was behind the superannuation trustee’s alleged misconduct.

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Johnson & Johnson asks High Court to review landmark pelvic mesh ruling
Product Liability 2021-04-09 2:29 pm By Cat Fredenburgh

A Johnson & Johnson unit wants the High Court to review the Full Federal Court’s rejection of its challenge to a landmark class action ruling that found the company’s pelvic mesh implants were defective and that it failed to adequately warn about their risks.

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Tucker & Cowen didn’t enter binding settlement with client in negligence case, court finds
Professional Negligence 2021-04-09 11:47 am By Miklos Bolza

A court has rejected claims by a former client of Tucker & Cowen that the law firm entered into a binding settlement of $150,000 to resolve a negligence and breach of contract lawsuit over legal costs incurred in a protracted spat over a Nigerian telecoms company.

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