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Beckman Coulter’s removal application to be heard with ‘Access’ trade mark appeal
Intellectual Property 2021-02-12 5:16 pm By Spencer Fowler Steen

US biotech company Gen-Probe’s bid for the removal of rival Beckman Coulter’s ‘Access’ trade marks will be heard alongside its appeal of a ruling from the Trade Marks Office denying the company’s bid to expand its ‘Open Access’ trade mark to Australia.

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Privilege doesn’t apply to loss report for mediation in Gladstone class action
Class Actions 2021-02-12 2:44 pm By Miklos Bolza

The lead applicants in a $100 million class action against Gladstone Ports Corporation have lost their bid to shield an expert loss report from being revealed in an upcoming mediation.

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Kimberly-Clark agrees to pay $200,000 penalty in flushable wipes case
ACCC 2021-02-12 1:41 pm By Miklos Bolza

US consumer goods giant Kimberly-Clark has agreed to pay $200,000 for misleading ‘Made in Australia’ representations made on its ‘flushable’ wipes.

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Judge concerned about law firm’s legal costs in $44.5M Woolworths class action settlement
Class Actions 2021-02-12 12:24 pm By Miklos Bolza

A judge has raised questions about an estimated $13.6 million in legal costs to be sought in an upcoming approval hearing on a $44.5 million settlement reached in a shareholder class action against Woolworths.

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Commonwealth Bank won’t defend ASIC case over $2.9M in overcharged interest
Financial Services 2021-02-12 12:14 pm By Spencer Fowler Steen

Proceedings launched by ASIC in December accusing the Commonwealth Bank of Australia of saddling consumers with $2.9 million in inflated interest rates on their business overdraft accounts on more than 12,000 occasions will move swiftly to a penalties hearing.

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With High Court leave, Arrium class action plaintiffs may get second chance to grill ex-director
Restructuring & Insolvency 2021-02-11 10:44 pm By Christine Caulfield

Two shareholders of failed Arrium Group have secured leave from the High Court to challenge a ruling that nixed their planned examination of a former director to bolster a class action over the collapse of the steel producer.

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High Court to weigh in on $26.3M Lexapro patent judgment
High Court 2021-02-11 10:43 pm By Cat Fredenburgh

The High Court will decide whether the Full Court was wrong to overturn a $26.3 million judgment for Danish drug maker H Lundbeck in its long-running patent battle with generic drug maker Sandoz over the patent for blockbuster antidepressant Lexapro.

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Sacked climate skeptic professor’s dispute with James Cook heads to High Court
High Court 2021-02-11 3:59 pm By Cat Fredenburgh

The High Court has granted special leave to sacked climate skeptic professor Peter Ridd to challenge James Cook University’s successful appeal of a $1.2 million judgment in his favour over his termination, wading into a debate over the power of universities to constrain professors’ rights to free speech.

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Vagisil maker wins appeal to halt European rival’s trade mark
Intellectual Property 2021-02-11 3:40 pm By Spencer Fowler Steen

The maker of Vagisil feminine hygiene products has successfully overturned a ruling that denied its bid to stop a European competitor from registering Vagisan as a trade mark in Australia.

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Judge ‘tempted’ to allow Arrium liquidator to give expert evidence at trial
Restructuring & Insolvency 2021-02-11 3:29 pm By Spencer Fowler Steen

A judge has indicated that he will allow Arrium Group’s liquidator to give expert evidence at an upcoming trial in proceedings against the steel giant’s former directors over its $4 billion collapse, despite his other role as a party in the case.

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