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Full Court ‘compelled’ to find class closure judgment ‘plainly wrong’
Class Actions 2022-03-28 11:06 am By Miklos Bolza

The Full Federal Court has found that a landmark NSW Court of Appeal decision barring group members from being notified of future class closure orders at settlement was “plainly wrong” and that the court has the power to make the orders.

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JD Group wins stay of damages for couple ‘misled’ over $10M luxury digs
Competition & Consumer Protection 2022-03-28 5:55 pm By Christine Caulfield

Damages owed to a millionaire couple by JD Group over a “deliberately misleading” rendering of a $9.58 million apartment in South Yarra, Melbourne will be put on ice pending the outcome of the property developer’s appeal.

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ACCC says agreement to settle Revlimid patent suit could violate cartel laws
Intellectual Property 2022-03-23 2:53 pm By Cat Fredenburgh

The ACCC has refused to authorise a patent settlement and license agreement between Bristol-Myers Squibb unit Celgene and two generic drug makers who sued to invalidate the patents for its blockbuster cancer drug Revlimid, saying it could distort competition between generic drug makers.

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Court appoints contradictor in class action funder’s challenge to MIS rules
Class Actions 2022-03-22 3:59 pm By Miklos Bolza

The Full Federal Court has appointed a contradictor to “take up the cudgels” against funder Litigation Capital Management, which has challenged a judgment refusing to find that a class action filed against Queensland electricity operators was not a managed investment scheme.

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ASIC seeks recusal of former Freehills lawyer in costs spat with ex-Tennis Australia boss
ASIC 2022-03-18 1:17 pm By Miklos Bolza

ASIC has asked a Federal Court registrar who previously worked at Herbert Smith Freehills to step down from overseeing remaining costs disputes in its failed case against former Tennis Australia president Steven Healy, who is represented by the Big Six firm.

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Full Court deals drug companies a blow on patent term extensions
Intellectual Property 2022-03-18 10:27 pm By Miklos Bolza

The Full Court has upheld two judgments that shortened patent term extensions granted to Merck Sharpe & Dohme and Ono Pharmaceuticals, finding the extension regime cannot be construed as achieving a “commercial outcome for a patentee”.

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No duty of care owed to kids by environment minister, Full Court rules
Environment 2022-03-15 10:45 am By Christine Caulfield

The Full Federal Court has overturned a historic judgment that found the federal minister for the environment owed a duty of care to Australians under 18 to protect them from ‘catastrophic’ harm caused by the approval of the Vickery coal mine expansion.

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ANZ denies charging retrospective interest on credit cards
Class Actions 2022-03-07 1:40 pm By Christine Caulfield

ANZ has hit back at claims in a class action that it slugged retrospective interest on credit card accounts and that its interest terms were not explicit, arguing the term ‘retrospective’ is liable to “confuse” the issues to be decided by the court.

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$28M settlement in Arnold Bloch Leibler class action to get court’s OK
Class Actions 2022-03-04 11:05 am By Christine Caulfield

A judge will approve a $28 million settlement resolving a class action against Arnold Bloch Leibler over advice the law firm gave to Slater & Gordon ahead of a disastrous acquisition. A 28 per cent commission for the case’s funder will also get the court’s nod.

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Bayer tries to revive patent term extension for contraceptive drug
Intellectual Property 2022-03-03 10:00 pm By Cat Fredenburgh

Bayer says the patents office was wrong to quash an extension for its patent covering an oral contraceptive on the grounds that its application should have been based on a drug with an earlier approval date.

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