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Judge in ASIC’s first COVID-19 case says legal team swap no excuse for defaulting on orders
ASIC 2021-09-01 1:55 pm By Cindy Cameronne

The judge overseeing ASIC’s first COVID-19-related case has criticised personal lender ClearLoans’ delay in responding to the case, saying a change in the company’s legal representation was not an excuse for defaulting on court orders.

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Judge wants to hear AUSTRAC class actions against CBA before he retires, literally
Class Actions 2021-08-06 11:17 pm By Cindy Cameronne

The judge overseeing class actions against Commonwealth Bank over its money laundering compliance failures has threatened to force the parties to go to trial by a certain date if they can’t agree to “sensible” time limits to ready the case for hearing, noting he would reach retirement age in 2024.

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GetSwift to resolve shareholder class action in ‘creative’ settlement
Class Actions 2021-07-16 10:00 am By Christine Caulfield

GetSwift has reached an agreement to settle a shareholder class action accusing the logistics company of misleading statements over contracts, avoiding a trial that was set to begin in two months.

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Caffitaly wins reversal of invalidity ruling on coffee pod patent
Intellectual Property 2021-07-01 12:52 pm By Miklos Bolza

Coffee capsule machine manufacturer Caffitaly has saved one of its coffee pod patents from a finding of invalidity, in a partially successful appeal of a ruling that stripped three of its patents from the Australian register.

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Payday lender Cigno loses bid to overturn ASIC’s short-term credit lending ban
Appeals 2021-06-29 10:35 pm By Cindy Cameronne

Payday lender Cigno has lost its appeal of a ruling which upheld ASIC’s first product intervention order banning the use of short-term lending models with “excessive” fees.

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GetSwift class action faces fight to use witness evidence from ASIC case
Class Actions 2021-06-04 10:15 pm By Christine Caulfield

GetSwift is opposing a bid by the lead shareholder in a class action to rely at an upcoming trial on evidence given by overseas witnesses in last year’s hearing in ASIC’s case, and its resistance could force the class to bring a separate case in the US to compel fresh testimony, a court has heard.

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Judge warns ‘enough’s enough’ in fight for damages over delayed Abilify generic
Intellectual Property 2021-06-03 10:52 am By Cat Fredenburgh

A judge has given Generic Health more time to file its evidence in a multimillion-dollar dispute with drug makers Otsuka and Bristol-Myers Squibbs over the delayed launch of generic versions of their antipsychotic drug Abilify, but warned there had to be a cut-off point for preparing the decade-long dispute for trial.

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ClubsNSW can use docs in money laundering whistleblower’s lawsuits
Employment 2021-06-01 8:35 pm By Miklos Bolza

The association behind over 1,300 clubs in NSW has won court permission to use documents produced in its breach of confidentiality lawsuit against whistleblower Troy Stolz in two other proceedings brought by the former compliance auditor for Fair Work contraventions, defamation and workers compensation.

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Full Court won’t undo injunction barring ‘RestQ’ trade mark use
Intellectual Property 2021-05-28 10:19 pm By Cindy Cameronne

An appeals court has upheld a ruling which bars use of the RestQ trade mark on sleep products sold by Martin & Pleasance because of a “disturbing” number of similarities with the marketing and appearance of an established competitor’s Rescue natural sleep aid product.

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Otzuka, Bristol-Myers lose discovery bid in decade-old fight over Abilify
Intellectual Property 2021-04-27 4:46 pm By Christine Caulfield

The companies behind the top selling Abilify medication have lost their latest bid for documents from the Commonwealth in a multimillion dollar dispute over the delayed listing of generic versions of their drug, with a judge saying the material could be only “of the most marginal relevance”.

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