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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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High Court to hear wrongful death case over Queensland airplane crash
Appeals 2019-09-17 6:10 pm By Miklos Bolza

Two Australian companies have won their application for special leave to the High Court as they continue their fight to shut down a wrongful death case in the US brought by the families of 15 people killed in an aircraft crash near Lockhart River in northern Queensland in May 2005.

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Judgment looms for IOOF execs in APRA’s disqualification case
Financial Services 2019-09-17 11:53 am By Christine Caulfield

Five IOOF executives will learn their fate this week when a judge rules on a disqualification bid by the prudential regulator, the first judgment to be delivered by a court in a case filed in the wake of last year’s scandal-airing banking royal commission.

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‘That’s something that happens in Victoria’: NSW judge hesitant to reallocate VW class actions settlement approval
Class Actions 2019-09-16 10:22 pm By Amelia Birnie

The judge overseeing multiple class actions against Volkswagen over its dieselgate emissions scandal has said he will “need persuading” before reallocating the settlement approval to a different judge, because “that’s something that happens in Victoria”.

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Bannister Law told to pipe down from ‘back of the bus’ in VW dieselgate class actions settlement
Class Actions 2019-09-16 10:15 pm By Amelia Birnie

Boutique class action firm Bannister Law has been told “not to make too much noise” from its spot at “the back of the bus” in the VW dieselgate class actions, after its legal team flagged its intention to try and expedite the $127.1 million settlement approval process.

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High Court asked to take up personal leave case after shift workers’ victory
Employment 2019-09-16 9:40 pm By Christine Caulfield

The Federal Government wants the High Court to weigh in on a landmark ruling last month that found food manufacturing giant Mondelez was short-changing its Tasmanian shift workers on their personal leave entitlements under the Fair Work Act.

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Court not convinced ‘superhuman’ judge needed for back-to-back GetSwift hearings
Securities 2019-09-16 5:01 pm By Miklos Bolza

A Federal Court judge has dismissed an application by GetSwift to delay the hearing of a shareholder class action against it, despite arguments that a judge would need to be “superhuman” to hear the trial immediately after a civil penalty hearing brought by ASIC against the logistics company.

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VW settles landmark dieselgate class actions for up to $127M
Class Actions 2019-09-16 10:28 am By Amelia Birnie

After four years of litigation, the Volkswagen diesel emissions class actions have reached an in-principle settlement of up to $127.1 million, with affected consumers expected to receive $1,400 per vehicle on average if 100 per cent participation is achieved.

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High Court rejects council’s appeal bid in Walla Walla tip fire class action
Appeals 2019-09-13 10:32 pm By Christine Caulfield

The High Court has cleared the way for victims of a rubbish tip fire that tore through 17,000 acres of farmland in the NSW Riverina to claim more than $20 million in damages in a class action, after rejecting an appeal bid by the local council.

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Full Federal Court declines to clarify standard for patentability of computer-implemented inventions
Intellectual Property 2019-09-13 10:05 pm By Cat Fredenburgh

A five-judge panel of the Full Federal Court has found two innovation patents by financial software company Encompass Corp. are not a manner of manufacture, but held back on providing more clarity on the test for the patentability of computer-implemented inventions.

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