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GetSwift’s mid-litigation relocation bid ‘not a good look’, judge says
Corporate 2020-11-13 5:54 pm By Miklos Bolza

A judge said Friday that a bid by last-mile logistics software firm GetSwift to relocate to Canada as it faces a potential $20 million civil penalty from ASIC and a $50 million class action was “not a good look”.

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Pfizer loses discovery lawsuit against Sandoz over Enbrel biosimilar
Intellectual Property 2020-11-13 4:58 pm By Cat Fredenburgh

A judge has dismissed Pfizer’s bid for preliminary discovery to pursue a possible patent infringement case against drug maker Sandoz over a generic version of its blockbuster rheumatoid arthritis biologic Enbrel.

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‘Industrial activity’ under Fair Work Act doesn’t extend to spat over worksite amenities, court says
Employment 2020-11-12 7:25 pm By Christine Caulfield

In an important ruling that confines the scope of “industrial activity” under the Fair Work Act, the Full Federal Court has overturned a $50,000 fine against the CFMEU and two officials for organising a work stoppage at a Brighton construction site that the union said needed a female toilet.

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GetSwift assures court it is indemnified for judgments in ASIC case, class action
Securities 2020-11-12 6:07 pm By Miklos Bolza

Last-mile logistics software firm GetSwift has offered a last minute undertaking that it will be covered for any judgments and penalties in a class action and ASIC case, after a judge expressed concerns about the company’s bid to redomicile to Canada amid the ongoing litigation.

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Allianz hit with second class action over ‘junk’ car insurance
Class Actions 2020-11-12 5:54 pm By Miklos Bolza

A second class action has been filed against insurance giant Allianz seeking compensation for consumers alleged to have been ripped off by “worthless” add-on car insurance.

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Funder of live export class action doesn’t need AFSL to sign up new group members
Class Actions 2020-11-12 3:02 pm By Cat Fredenburgh

The group providing funding to claimants in a class action against the federal government over its 2011 ban on live cattle exports to Indonesia does not have to comply with new rules requiring litigation funders to obtain an AFSL and operate as a managed investment scheme in order to sign up new group members.

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Judge rejects public interest immunity argument over war crimes docs in Ben Roberts-Smith case
Defamation 2020-11-12 2:41 pm By Cat Fredenburgh

The chief of the Australian Defence Force has lost a bid to keep information obtained by a war crimes inquiry from three news publishers defending against a defamation suit by war veteran Ben Roberts-Smith.

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ASIC calls for 3-year-ban against former Murray Goulburn boss Gary Helou
Agriculture 2020-11-12 1:34 pm By Christine Caulfield

The corporate regulator is pushing for a three-year director ban against former Murray Goulburn managing director Gary Helou and a two-year disqualification order against the dairy cooperative’s former chief financial officer over misleading representations about farmgate milk prices five years ago.

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Shareholder locked in feud with funder drops stay bid in S&P class action
Class Actions 2020-11-11 3:44 pm By Miklos Bolza

A contractual dispute between a litigation funder and the lead applicant in a class action against S&P will not prevent the class action from progressing, with both parties giving undertakings to preserve the status quo while the feud remains on foot.

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Top judge nudges ASIC, Allianz away from ‘bastardised’ pleadings in travel insurance case
Insurance 2020-11-11 3:28 pm By Spencer Fowler Steen

The Federal Court’s top judge has cautioned ASIC and insurers Allianz and AWP against presenting a “bastardised form of pleading” in the financial watchdog’s action over the alleged misleading sale of travel insurance to over 31,000 consumers.

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