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‘An act of bad faith’: Network Ten hit with indemnity costs after hiding defamation notice
Defamation 2020-10-13 12:37 pm By Miklos Bolza

A court has hit Network Ten with indemnity costs after finding the broadcaster “buried” a defamation notice on its website in a manner designed to “frustrate or undermine” a settlement agreement reached with a gay American social media personality.

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Boehringer appeals win for Merck in parasite patent spat
Intellectual Property 2020-10-13 12:00 pm By Cat Fredenburgh

Pharmaceutical company Boehringer Ingelheim will take another crack at opposing a patent application for an injectable anti-parasite drug for livestock by a subsidiary of competitor Merck Sharp & Dohme.

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Andrews government faces High Court challenge to COVID-19 lockdown
COVID-19 2020-10-12 10:23 pm By Christine Caulfield

A Sorrento bar owner backed by two high profile barristers is taking the Andrews government to the High Court claiming Victoria’s lockdown is an unconstitutional restriction on the freedom of movement of the state’s 6.6 million residents.

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Hiding name of buyer in Antares oil deal a breach of disclosure obligations, court says
Energy & Natural Resources 2020-10-12 8:59 pm By Cat Fredenburgh

In a win for ASIC, a judge has found that former oil and gas company Antares Energy violated its continuous disclosure obligations by failing to reveal the name of the buyer behind an ill-fated US$254 million acquisition of Texan oil assets.

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ATO wins appeal in $60M tax dispute with Healius
Tax 2020-10-12 6:46 pm By Cat Fredenburgh

The Australian Taxation Office has secured a Full Federal Court victory in its $60 million tax battle with Healius, overturning a ruling that found the healthcare company could claw back a multi-million dollar tax refund.

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VW escapes ASIC responsible lending case with $4.7M remediation promise
Financial Services 2020-10-12 4:08 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has settled its responsible lending case against Volkswagen’s financial services unit with an undertaking from the car financier to repay customers $4.7 million.

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Arrow drops opposition to Novartis patent for MS drug, despite win before IP Australia
Intellectual Property 2020-10-12 2:35 pm By Miklos Bolza

The Federal Court has upheld Novartis’ appeal of a ruling revoking its patent for an oral form of multiple sclerosis drug Gilenya, after Australian generic drug maker Arrow Pharmaceuticals dropped its opposition to the patent despite prevailing before IP Australia.

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Noni B owner fights ACMA bid for docs over potential Spam Act violations
Privacy & Cybersecurity 2020-10-12 2:20 pm By Cat Fredenburgh

Mosaic Brands has taken the Australian Communications and Media Authority to court, alleging a request for documents based on suspected Spam Act violations is invalid.

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AMP hits back at class action, says buy-out policy changes needed to avoid ‘BOLR run’
AMP 2020-10-12 2:13 pm By Christine Caulfield

Changes to AMP’s buyer of last resort policy that reduced the multiple by which the wealth management firm would purchase advisers’ client registers was necessary to protect the business from a ‘BOLR run’, a court had been told.

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Delegate deflates Ann Taylor’s opposition to Nike’s ‘Aeroloft’ trade mark
Intellectual Property 2020-10-12 1:13 pm By Cat Fredenburgh

US women’s clothing retailer Ann Taylor has come up short in its opposition to Nike’s bid to register the ‘Aeoroloft’ mark for its brand of lightweight fitness apparel, with an IP Australia finding the mark is not deceptively similar to Ann Taylor’s ‘Loft’ mark.

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