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Judge was wrong to halt cross-examination in Octaviar class action, court hears
Class Actions 2019-01-17 9:00 pm By Miklos Bolza

A judge that dismissed an investor class action against the Public Trustee of Queensland over the failure of investment firm Octaviar Group improperly intervened in the cross-examination of one of the class’ witnesses, one of the judges that will hear an appeal of the dismissal was told.

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Full Court puts injector pen patent appeal on fast track
Intellectual Property 2019-01-17 2:03 pm By Cat Fredenburgh

The Full Federal Court has expedited an appeal filed Christmas Eve by Sanofi-Aventis of a ruling that denied its bid to block Alphapharm from listing an insulin injector pen on the Pharmaceutical Benefit Scheme.

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ASIC asks High Court to clarify meaning of ‘officer’
Corporate 2019-01-16 9:58 pm By Miklos Bolza

ASIC is seeking approval from the High Court to appeal a judgment that let a former director of Gold Coast finance company MFS Group partially off the hook for $147.5 million in misappropriated funds, saying the High Court needs to clarify the scope of the word “officer” under the Corporations Act.

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Class loses appeal over fatal Christmas Island boat crash
Appeals 2019-01-10 10:58 pm By Christine Caulfield

The families of asylum seekers who died in the 2010 Christmas Island boat crash have lost an appeal of a ruling that dismissed their class action against Australia.

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Sandoz appeals loss in 15-year battle over Lexapro patent
Intellectual Property 2019-01-10 11:26 am By Christine Caulfield

Generic drug maker Sandoz is challenging a ruling that it infringed a patent behind Lundbeck’s blockbuster antidepressant Lexapro, reviving a 15-year fight over the lucrative intellectual property.

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Octaviar investors, class action funder dodge indemnity costs
Class Actions 2019-01-08 1:17 pm By Miklos Bolza

The investor behind a failed class action against the Public Trustee of Queensland over the collapse of Octaviar Group has escaped a bid by the Trustee for maximum costs, with a judge ruling the case was not a “nakedly speculative venture” by the funder.

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Sanofi takes another stab at injunction in injector pen patent case
Intellectual Property 2019-01-04 9:08 pm By Cat Fredenburgh

French pharmaceutical giant Sanofi has appealed a judge’s ruling denying its bid to block Alphapharm from listing an insulin injector pen on the Pharmaceutical Benefit Scheme.

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Full Court tosses ACCC appeal in Medibank disclosure case
Competition & Consumer Protection 2018-12-20 10:42 pm By Christine Caulfield

The Australian Competition and Consumer Commission has lost an appeal of a ruling that dismissed its case over allegedly inadequate disclosures by private health insurer Medibank relating to member benefits.

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Appealing GetSwift class action ruling comes at a cost, Full Court says
Appeals 2018-12-20 1:33 pm By Christine Caulfield

The law firms that challenged a ruling staying their cases against GetSwift gave the Full Federal Court a chance to guide judges managing competing class actions, but they can’t avoid paying their opponents’ legal costs because the court happened to seize the opportunity.

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Lead applicant socked with costs of Banksia class member’s appeal
Appeals 2018-12-19 9:53 pm By Christine Caulfield

The lead applicant in a class action over the failure of Banksia Securities is on the hook for paying the legal costs of a class member who successfully challenged the funder’s cut of a $64 million settlement in the case.

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