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Liberty Financial sues to block exec from jumping ship to competitor
Employment 2021-05-13 1:30 pm By Miklos Bolza

Non-bank lender Liberty Financial has filed court proceedings seeking to block its manager of treasury from starting a new job at a rival lender for one year.

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Judge signs off on $38.4M settlement in Estia Health class action
Class Actions 2021-05-07 12:16 pm By Christine Caulfield

A $38.4 million settlement in a shareholder class action against aged care provider Estia Health has been given the greenlight by a Federal Court judge, who also approved the funders’ recovery of after-the-event insurance, a decision that puts him at odds with some of his colleagues on the bench.

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Fuchs wins ruling invalidating Quakers’ mining patents
Intellectual Property 2021-05-06 10:08 am By Miklos Bolza

The Australian arm of Fuchs Lubricants has succeeded in invalidating two patents owned by Quakers Chemicals, with the Full Federal Court finding the inventions were not novel because Quakers had tested them in public prior to applying for registration with IP Australia.

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Judge mulling $38.4M Estia settlement hears class closure rulings ‘plainly wrong’
Class Actions 2021-05-04 2:49 pm By Miklos Bolza

A judge weighing a $38.4 million settlement in a shareholder class action against aged care provider Estia Health has been told that two NSW Court of Appeal judgments barring class closure were “plainly wrong”, but in deciding whether to lock group members out of the settlement the judge says he won’t need to grapple with the landmark rulings.

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Court orders G8 class action plaintiff to remove redaction from costs agreement
Class Actions 2021-04-12 11:00 am By Miklos Bolza

A judge has ordered the lead applicant in a shareholder class action against G8 Education to disclose a previously redacted clause of a costs agreement to the childcare centre operator, saying he failed to show how supplying the information would give G8 a tactical advantage in the case.

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Volkswagen loses appeal of landmark $125M fine in ‘turning point’ for ACCC
Competition & Consumer Protection 2021-04-09 8:55 pm By Cindy Cameronne

Volkswagen has lost its challenge to a landmark $125 million Dieselgate penalty handed down by a judge who lambasted a $75 million fine proposed by the ACCC as “manifestly inadequate”, in what ACCC chair Rod Sims told Lawyerly was a “turning point” for the regulator to push for higher fines.

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‘Significant allegations’: ASIC ordered to flesh out case against REST
Financial Services 2021-04-09 2:53 pm By Cindy Cameronne

A judge has ordered ASIC to flesh out its case accusing the Retail Employees Superannuation of misleading members about their ability to move their super out of the REST Trust, given the “significant” allegations that a deliberate system was behind the superannuation trustee’s alleged misconduct.

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CBA denies fiduciary duty owed to group members in insurance ‘rort’ class action
Class Actions 2021-03-29 1:18 pm By Miklos Bolza

Two Commonwealth Bank of Australia subsidiaries have denied that they owed fiduciary duties to group members in a class action over allegedly excessive insurance premiums pushed onto customers because of commissions and other benefits to financial advisors.

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AIG can’t avoid bill for Murray Goulburn class action, judge rules
Insurance 2021-03-26 6:22 pm By Miklos Bolza

Insurer AIG Australia will have to pay collapsed diary processing firm Murray Goulburn at least $8.85 million after a court ruled it was liable to cover some of the costs of a $42 million class action settlement reached with irate investors last year.

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Juno and Bristol-Myers Squibb suffer losses in Revlimid patent war
Intellectual Property 2021-03-25 1:58 pm By Miklos Bolza

A patent battle between Juno Pharmaceuticals and Bristol-Myers Squibb over the blockbuster drug Revlimid has seen both sides suffer early losses, with a judge dismissing strike out and summary dismissal applications by the drug makers.

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