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Rival law firms backpedal in deal over competing Commonwealth Bank class actions
Class Actions 2019-02-06 9:11 pm By Miklos Bolza

Law firms Maurice Blackburn and Phi Finney McDonald have stepped back from a proposed consolidation of their class actions against the Commonwealth Bank of Australia and want to run their own cases again, but now with “harmonised” pleadings.

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Judge was wrong to halt cross-examination in Octaviar class action, court hears
Class Actions 2019-01-17 9:00 pm By Miklos Bolza

A judge that dismissed an investor class action against the Public Trustee of Queensland over the failure of investment firm Octaviar Group improperly intervened in the cross-examination of one of the class’ witnesses, one of the judges that will hear an appeal of the dismissal was told.

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Full Court puts injector pen patent appeal on fast track
Intellectual Property 2019-01-17 2:03 pm By Cat Fredenburgh

The Full Federal Court has expedited an appeal filed Christmas Eve by Sanofi-Aventis of a ruling that denied its bid to block Alphapharm from listing an insulin injector pen on the Pharmaceutical Benefit Scheme.

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Octaviar investors, class action funder dodge indemnity costs
Class Actions 2019-01-08 1:17 pm By Miklos Bolza

The investor behind a failed class action against the Public Trustee of Queensland over the collapse of Octaviar Group has escaped a bid by the Trustee for maximum costs, with a judge ruling the case was not a “nakedly speculative venture” by the funder.

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Judge spurs ASIC to mediate in NAB fees for no service case
Financial Services 2018-12-17 3:23 pm By Miklos Bolza

A judge has pushed the Australian Securities and Investments Commission into mediation with two NAB wealth management units in its case over $100 million in fees for no service, despite the regulator’s contention that mediation is not the best way to move the case forward.

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Network 10 drops Boss name after legal action by Fairfax
Intellectual Property 2018-12-12 10:18 pm By Cat Fredenburgh

A month after Network 10 vowed to fiercely defend against a trade mark infringement case by Fairfax Media over its new ’10 Boss’ logo, the TV broadcaster has agreed to drop the name.

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Commonwealth slams Otsuka’s ‘inconsistent’ defences in Abilify patent case
Intellectual Property 2018-12-10 10:02 pm By Miklos Bolza

The Commonwealth has urged the court to strike out the “inconsistent” pleadings of pharmaceutical firms Otsuka and Bristol-Myers Squibb in a patent case over the antipsychotic drug Abilify, calling them a “scandal” which could bring disrepute to the administration of justice.

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NAB units admit to deceptive conduct in $34M fees for no service case
Financial Services 2018-12-05 10:35 pm By Miklos Bolza

Two NAB wealth management units have admitted to engaging in misleading and deceptive conduct by deducting $34.4 million in fees for services that were never provided.

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Trade mark reputation not a factor in deceptively similar cases: Full Court
Intellectual Property 2018-12-04 8:43 pm By Miklos Bolza

A judge applied the “wrong test” when he considered the reputation of a trade mark in an infringement case alleging the marks of rival meat processors were deceptively similar, a Full Federal Court has found.

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CBA open to consolidation of dual class actions
Class Actions 2018-12-04 12:11 pm By Miklos Bolza

The Commonwealth Bank of Australia is open to a proposal to consolidate two shareholder class actions filed over alleged breaches of anti-money laundering and counter-terrorism laws, but will address any “devil in the details”, a lawyer for the bank told a court Tuesday.

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