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Neurim’s claim for additional damages survives in Circadin patent case
Intellectual Property 2024-06-03 11:48 pm By Sam Matthews

A judge has upheld Neurim Pharmaceutical’s claim for additional damages against two generic drug companies found to have infringed its patent for insomnia drug Circadin, despite the company’s failure to comply with an earlier ruling.

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Court OKs Cosmetic Institute class action settlement, signs off on $8.9M payout to lawyers
Class Actions 2024-05-30 8:25 pm By Sam Matthews

A judge has approved a $25 million settlement in a class action against a group of surgeons who worked for the Cosmetic Institute, including a $8.9 million payout for the lawyers that ran the seven-year-old case, saying the deduction from the settlement was reasonable given the “very significant discount” applied to the legal bill.

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Honda’s abandonment of dealership model not unconscionable, judge finds
Competition & Consumer Protection 2024-05-29 11:17 pm By Sam Matthews

A Melbourne car dealer has largely lost a consumer law case against Honda Australia over its decision to abandon a dealership model, but is set to receive compensation for over 2,600 new vehicles it could have sold if Honda hadn’t ended its five-year contract early.

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Payday lenders’ short-term loans not BNPL arrangements, judge says in ASIC win
Financial Services 2024-05-24 3:58 pm By Sam Matthews

The Australian Securities and Investments Commission has prevailed in its case against payday lenders Cigno and BSF Solutions alleging they provided credit without a licence, with a judge rejecting their argument that their loan model was analogous to buy now, pay later arrangements that don’t require a credit licence.

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Toyota class action loses bid for emissions cheat source code
Class Actions 2024-05-24 10:59 pm By Cindy Cameronne

A class action against Toyota alleging it installed diesel defeat devices in several models of its vehicles has lost a bid to access source code for the cars’ emissions control systems, with a judge finding it was not relevant to any current fact in issue. 

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ToolGen wins court approval to patent gene editing technology
Intellectual Property 2024-05-23 11:56 pm By Cat Fredenburgh

South Korean biotech ToolGen has won court approval to patent its genome editing technology CRISPR, after an earlier bid to protect its IP found the revolutionary technology was not patentable.

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Judge won’t dock developer’s case against NSW Ports over privatisation deal
Competition & Consumer Protection 2024-05-22 11:32 pm By Cat Fredenburgh

A New South Wales developer’s competition case against NSW Ports over a ports privatisation agreement looks bound for the High Court after a judge found a related ACCC proceeding did not bar it from bringing the case, which will challenge a Full Court finding that the ports operator was shielded by derivative Crown immunity.

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Solicitor’s caveat over client’s mortgage to satisfy costs not invalid, appeals court says
Appeals 2024-05-21 3:37 pm By Cindy Cameronne

An appeals court has found that a solicitor’s caveat over his bankrupt client’s property was valid, after the client agreed to mortgage his property as security for up to $100,000 in legal costs, saying it was the only binding costs agreement they had.

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Ramsay Health wins partial injunction against ‘misleading’ union ads
Competition & Consumer Protection 2024-05-21 11:25 pm By Andy Sidler

Ramsay Health Care has won a partial interim injunction banning the union representing its nurses from running ads that claim the private hospital operator runs on a staff-to-patient ratio double that of public hospitals.

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Long and short of it: Sydney Trains can’t issue blanket ban on shorts for engineering staff
Employment 2024-05-20 11:18 pm By Andy Sidler

Sydney Trains can’t unilaterally direct engineering workers to wear long pants while working but must carry out its obligation to consult with them first, Fair Work Commission has said.

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