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Mylan fails in High Court bid to save patents for top seller Lipidil
Intellectual Property 2020-11-06 12:06 pm By Cat Fredenburgh

The High Court has declined to take up Mylan’s challenge to a Full Court ruling upholding the invalidity of three patents for its blockbuster cholesterol drug Lipidil.

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Trivago loses appeal of ruling it misled consumers over hotel listings
Competition & Consumer Protection 2020-11-04 12:04 pm By Christine Caulfield

Hotel booking aggregator Trivago has lost its challenge to a court ruling that it misled consumers over its ranking of travel accommodation, in what the consumer regulator hailed as a win for consumers and a warning to comparison sites.

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Citing dangers of ‘hypothetical postulation’, Full Court declines to answer common fund order question
Class Actions 2020-11-03 3:25 pm By Miklos Bolza

The Full Court Federal Court has declined to answer a question posed by 7-Eleven as to whether common fund orders can be made on settlement or judgment in a class action, saying the issue should be dealt with on facts, not assumptions. In a judgment handed down on Tuesday, the Full Court dismissed 7-Eleven’s bid…

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7-Eleven says courts have no power to ever make a common fund order
Class Actions 2020-10-27 11:51 pm By Christine Caulfield

The High Court majority’s reasoning in the decision nixing common fund orders at an early stage of a class action leads “inexorably and inevitably” to the conclusion that there is no power to make such an order at any time in a proceeding, counsel for 7-Eleven has told an appeals court.

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Contradictor in 7-Eleven class action backs court’s power to make CFOs
Class Actions 2020-10-20 3:51 pm By Miklos Bolza

A contradictor appointed in two class actions against 7-Eleven will argue before the Full Federal Court that the court has power both in equity and under the Federal Court of Australia Act to make common fund orders in class actions on settlement or judgment.

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ATO wins appeal in $60M tax dispute with Healius
Tax 2020-10-12 6:46 pm By Cat Fredenburgh

The Australian Taxation Office has secured a Full Federal Court victory in its $60 million tax battle with Healius, overturning a ruling that found the healthcare company could claw back a multi-million dollar tax refund.

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AMP hits back at class action, says buy-out policy changes needed to avoid ‘BOLR run’
AMP 2020-10-12 2:13 pm By Christine Caulfield

Changes to AMP’s buyer of last resort policy that reduced the multiple by which the wealth management firm would purchase advisers’ client registers was necessary to protect the business from a ‘BOLR run’, a court had been told.

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iSelect to pay $8.5M for misleading consumers about energy plans
Competition & Consumer Protection 2020-10-08 3:00 pm By Cat Fredenburgh

A court has ordered comparison website iSelect to pay $8.5 million in penalties for making misleading representations through its online electricity comparison service and pushing plans to consumers that were not necessarily best suited for them.

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Full Federal Court to rule on common fund order question in 7-Eleven class actions
Class Actions 2020-09-29 2:47 pm By Miklos Bolza

The Full Federal Court will weigh in on whether common fund orders can be made at settlement in two class actions against 7-Eleven, with a hearing scheduled for the same day the NSW Court of Appeal will hear arguments on the unresolved issue.

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Judge shuts down Boehringer challenge to Merck Sharp & Dohme parasite patent
Intellectual Property 2020-09-24 1:59 pm By Miklos Bolza

Pharmaceutical company Boehringer Ingelheim has failed in its Federal Court challenge to a patent application for an injectable anti-parasite drug for livestock by a subsidiary of competitor Merck Sharp & Dohme.

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