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Boehringer appeals failed opposition to Zoetis patents
Intellectual Property 2020-09-21 3:11 pm By Cat Fredenburgh

German drug maker Boehringer has launched a Federal Court fight against rival Zoetis after coming up short in its opposition to two Zoetis patents for pig vaccine-related inventions.

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Common fund orders under attack again in Takata airbags class action
Class Actions 2020-09-16 2:47 pm By Alison Eveleigh

Common fund orders are again under scrutiny in a class action which was at the centre of the High Courtā€™s decision to strike down the orders, with a NSW Supreme Court judge sending back to the appeals court the question of whether the orders can be made at settlement.

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FWC ‘misconstrued’ general protections authority, Full Court says in win for Coles
Employment 2020-09-14 6:00 pm By Christine Caulfield

A landmark judgment by the Full Federal Court has found that a full bench of the Fair Work Commission “misconstrued” its own authority to make general protections findings about the dismissal of employees.

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High Court won’t hear appeal in defamation case over Facebook comments
Defamation 2020-09-10 6:11 pm By Christine Caulfield

The High Court has rejected an appeal challenging a ruling that found a failed political candidate liable for defamatory responses made by readers of two Facebook posts he published that labelled a South Australian businessman greedy and selfish, but the court has left the door open to weigh in on the issue of secondary publication of social media comments.

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ā€˜An indulgenceā€™: Judge rejects stay as Alex Elliott appeals recusal loss in Banksia class action
Class Actions 2020-09-09 2:31 pm By Alison Eveleigh

The judge overseeing professional misconduct claims against lawyers in the Banksia class action has denied Alex Elliottā€™s request to stay the case against him while he takes his recusal application to the Court of Appeal, branding the stay ā€˜an indulgenceā€™.

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Judge to undergo behaviour training after ‘cruel, insulting’ interactions with QC
Judge Guy Andrew 2020-09-04 1:59 pm By Christine Caulfield

A judge whose conduct towards lawyers for a father in a Family Court case was condemned by an appeals court as “cruel, insulting, humiliating and rude” has been transferred to the Brisbane registry and has been ordered to receive judicial training on appropriate behaviour in court.

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‘Cruel, insulting, humiliating and rude’: Judge’s attack on lawyers prompts retrial
Appeals 2020-09-02 11:59 pm By Christine Caulfield

A custody battle in the Family Court will be reheard after an appeals court ruled the judge overseeing the matter was “hectoring, insulting, belittling, sarcastic and rude” to lawyers representing the father in the case.

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Lawyer Alex Elliott seeks recusal of judge in Banksia class action proceedings
Legal Ethics 2020-08-27 2:35 pm By Miklos Bolza

The son of controversial class action lawyer Mark Elliott has hired a big gun barrister to represent him in the Banksia class action proceedings and will be asking the judge overseeing the case against him to step aside.

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Treasury Wines keeps up fight over law firm’s new class action
Appeals 2020-08-24 4:27 pm By Christine Caulfield

Treasury Wine Estates has challenged a ruling that Maurice Blackburn did not breach its obligations by using material from a now settled class action against it to draft new class action pleadings.

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Banksia funder’s son must give ‘full and frank’ explanation of alleged role in fee scandal
Trials 2020-08-21 3:55 pm By Christine Caulfield

Lawyer Alex Elliott, the son of the funder behind the Banksia Securities class action, has been ordered to give a “full, frank and honest” explanation of his role in an alleged fraudulent scheme to inflate legal fees in the case, and he risks his career if he’s not forthcoming.

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