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Ethicon fights expanded class in vaginal mesh action
Class Actions 2018-08-13 10:09 pm By Miklos Bolza

Ethicon told the Full Federal Court on Monday that the judge overseeing the marathon class action against it over allegedly defective vaginal mesh devices got it wrong when she reset the dates for inclusion in the class.

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IOOF unit seeks to expand claims against insurance broker in Provident class action
Class Actions 2018-08-13 9:17 pm By Miklos Bolza

IOOF subsidiary Australian Executive Trustees wants to expand the cross-claim it filed against insurance broker Willis Australia in the class action over the collapse of Provident Capital, two weeks after AET agreed to fork over $44.25 million to settle the matter.

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ACCC wins injunction against Aurizon
Competition & Consumer Protection 2018-08-13 3:31 pm By Cat Fredenburgh

The ACCC has won its request for an injunction blocking rail freight operator Aurizon from shutting its intermodal business down while a competition lawsuit the regulator filed over Aurizon’s proposed sale of the business to Pacific National makes its way through the court.

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Bayer faces Australian class action over birth control Essure
Product Liability 2018-08-13 2:42 pm By Christine Caulfield

Pharmaceutical and life sciences giant Bayer is facing a potential class action in Australia over its birth control device Essure, which can allegedly cause nickel poisoning and other severe complications.

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Ex-Murray Goulburn CFO settles with ACCC over farmgate prices
Competition & Consumer Protection 2018-08-13 11:23 am By Christine Caulfield

Murray Goulburn’s ex-CFO Bradley Hingle has quietly settled a case brought by the consumer watchdog over the dairy co-operative’s allegedly misleading promises about farmgate milk prices, with the former executive agreeing to stay away from the dairy industry for three years. 

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Group members bound by ‘severely’ limiting Great Southern settlement
Class Actions 2018-08-10 11:54 pm By Christine Caulfield

Two group members of a resolved class action over managed investment schemes operated by agribusiness Great Southern Group are bound by the settlement deed to repay loans they took out with the Bendigo and Adelaide Bank, despite the severe constraints the settlement placed on individual defences, a judge has ruled.

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Pain relief for Difflam maker as Reckitt forced to pull lozenge ads
Competition & Consumer Protection 2018-08-10 10:19 pm By Miklos Bolza

Consumer goods giant Reckitt Benckiser has been ordered by the Federal Court to remove all in-store advertising for its Strepfen throat lozenges after a successful interlocutory application by rival iNova Pharmaceuticals.

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AMP shareholders on surer legal footing in Federal Court, judge told
Class Actions 2018-08-10 10:07 pm By Christine Caulfield

The Federal Court offers group members in the shareholder class actions against AMP a major legal advantage over the NSW Supreme Court, lawyers for the federal cases have argued ahead of a hearing in the controversial jurisdictional battle.

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ObjectiVision can’t overhaul claims in University of Sydney spat over AccuMap
Intellectual Property 2018-08-10 3:46 pm By Miklos Bolza

Ophthalmic diagnostic device manufacture ObjectiVision can’t file amended claims for damages following a trial in a copyright and contract case against the University of Sydney, with a judge saying the school would be “severely prejudiced” if the new claims were allowed.

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Nationwide can bring justification defence in Geoffrey Rush defamation case
Defamation 2018-08-10 2:24 pm By Christine Caulfield

The publisher of The Daily Telegraph has won its bid to bring a defence of justification against claims by actor Geoffrey Rush that the newspaper defamed him in articles alleging the actor behaved “inappropriately” during a production of King Lear at the Sydney Theatre Company.

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