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Surfstitch class action settlement in peril as debate rages over opt-out notice
Class Actions 2018-11-01 8:20 pm By Miklos Bolza

Judges do not have the power to approve a class action settlement without first issuing an opt-out notice to group members, the court-appointed contradictor in two shareholder class actions against online fashion retailer Surfstitch told the NSW Supreme Court Thursday.

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Funder’s cut, legal fees in $64M Banksia settlement rejected on appeal
Appeals 2018-11-01 4:51 pm By Cat Fredenburgh

An appeals court has rejected the funder’s commission and legal fees stemming from a $64 million settlement in litigation over the failure of Banksia Securities, but granted approval to the settlement.

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Generic Health wins ‘modest’ cut to Bayer’s $25M damages over Yasmin
Intellectual Property 2018-10-31 11:59 pm By Christine Caulfield

Generic Health has shaved two percent off the $25 million damages awarded pharmaceutical giant Bayer in a patent infringement case over Bayer’s blockbuster oral contraceptive, Yasmin, but the discount is a far cry from the 15 percent it sought on appeal.

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Citing ‘irreparable harm’ Rush tries to keep Nationwide amendments under wraps
Defamation 2018-10-31 8:55 pm By Miklos Bolza

Actor Geoffrey Rush is seeking to suppress an amended defence by Nationwide News, arguing that if they’re made public the amendments could cause him “irreparable harm”.

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Judge rejects ‘problematic’ pleading in Ford class action
Class Actions 2018-10-31 8:29 pm By Miklos Bolza

A Federal Court judge has rejected a revised pleading in a class action against Ford over its allegedly defective PowerShift transmissions.

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Seconded Ashurst lawyer was allowed at Qantas FWC hearing
Employment 2018-10-31 1:31 pm By Cat Fredenburgh

The presence of a seconded Ashurst lawyer at a Fair Work Commission hearing in an unfair dismissal case against Qantas did not violate an order denying the airline’s request to hire the firm to represent it in the case, the Fair Work Commission has found.

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Unlockd drops competition case against Google
Competition & Consumer Protection 2018-10-31 10:55 am By Christine Caulfield

The administrators of collapsed startup Unlockd have withdrawn the company’s case against Google alleging the search engine giant abused its dominance to keep it out of the digital ad market.

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Alphapharm loses bid for docs in Sanofi injector pen patent dispute
Intellectual Property 2018-10-30 11:47 pm By Cat Fredenburgh

Generic drug maker Alphapharm has lost another bid for documents from Sanofi-Aventis in advance of a hearing on Sanofi’s interlocutory application seeking to block the generic drug maker from listing its injector pen on the Pharmaceutical Benefits Scheme.

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Seven employee sues network for wages after exit to Ten
Employment 2018-10-30 11:33 pm By Miklos Bolza

Seven Network’s former director of program partnerships is suing the national broadcaster for putting her on unpaid maternity leave and extending her non-compete period after she resigned for rival Network Ten.

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Clive Palmer wants second judge out in Queensland Nickel case
Restructuring & Insolvency 2018-10-30 11:07 pm By Christine Caulfield

A month after successfully arguing for the recusal of a state Supreme Court justice from an upcoming trial over the collapse of Queensland Nickel, Clive Palmer is calling for the replacement judge to step down, alleging he too is biased against him.

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