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Class action threat hurt Boart Longyear scheme vote, judge says
Corporate 2019-02-06 9:02 pm By Cat Fredenburgh

A judge has recommended another shareholder vote over Boart Longyear’s plan to move to Canada, saying a letter by a minority shareholder warning the move could imperil a possible class action against the distressed mining services company was misleading and affected the integrity of the vote.

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Merck Sharp & Dohme slams Wyeth vaccine patent claims as ‘hearsay and speculation’
Intellectual Property 2019-02-06 8:17 pm By Miklos Bolza

Claims by Wyeth that its patented Prevnar 13 pneumococcal vaccine was inventive because other pharmaceutical giants had failed in developing similar vaccines are based on “hearsay and speculation,” Merck Sharp & Dohme told the court during closing submissions in the high-stakes trial over the world’s best-selling vaccine.

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Optus hit with $10M fine for misleading customers over mobile phone bills
Competition & Consumer Protection 2019-02-06 2:38 pm By Christine Caulfield

Optus has been ordered to pay $10 million in penalties for billing unwitting customers for premium mobile phone services, the consumer regulator said Wednesday.

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Common fund orders fulfil class action promise, lawyers tell historic appeals court
Appeals 2019-02-05 10:50 pm By Miklos Bolza

Common fund orders are the completion of the notion of class actions envisaged when the regime was introduced 27 years ago, a joint-sitting of two appeals courts was told on the second and last day of a landmark challenge to what has become an oft-used case management tool by trial judges.

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Federal Court to get white collar crime caseload
White Collar 2019-02-05 10:40 pm By Cat Fredenburgh

The government has thrown its support behind a proposal to give the Federal Court jurisdiction to hear white collar criminal matters.

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ABC demands details from Michelle Guthrie before mediation in unfair sacking case
Employment 2019-02-05 9:58 pm By Miklos Bolza

The ABC has called for a “clearer articulation” of former managing director Michelle Guthrie’s unfair sacking claims against the broadcaster ahead of court-ordered mediation.

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Ethicon loses bid for class closure order in pelvic mesh case
Class Actions 2019-02-05 9:35 pm By Cat Fredenburgh

The judge overseeing a class action against Ethicon over allegedly faulty pelvic mesh implants has shot down the device maker’s bid for a class closure order.

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Cytec takes dispute over Nalco mining patent to court
Intellectual Property 2019-02-05 4:17 pm By Cat Fredenburgh

US-based chemical and materials technology company Cytec Industries has filed a patent lawsuit against a unit of Ecolab, after a delegate for IP Australia gave the water technology company a third chance to amend its patent for preventing sediment buildup on mining equipment.

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BlueScope wins confidentiality order in Aurizon collusion case
Competition & Consumer Protection 2019-02-05 3:38 pm By Cat Fredenburgh

The court overseeing the ACCC’s collusion case against rail freight operators Aurizon and Pacific National has granted a confidentiality request by BlueScope Steel over documents subpoenaed after the steel company told the court trucks were not a viable alternative for transporting its goods in Queensland.

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Pitcher Partners appeals $5.6M damages award over concealed accounting error
Competition & Consumer Protection 2019-02-05 2:16 pm By Christine Caulfield

Accounting firm Pitcher Partners will challenge a ruling that it owes a NSW bus operator $5.6 million in damages for fraudulently concealing a costly amortisation error.

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