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Judge says tweaking class closure order requires analysis of power, won’t go there
Class Actions 2021-02-19 11:52 pm By Christine Caulfield

A judge has refused to extend the date by which Coles workers can register to join an employment class action against the supermarket giant as part of a class closure order, saying the amendment would force a hearing on his power to make the order.

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Full Court hears government’s $325M fight with Sanofi over ban on Plavix generic
Intellectual Property 2021-02-16 4:13 pm By Miklos Bolza

Pharmaceutical companies Sanofi and Bristol-Myers Squibb are liable for losses to the federal government for excess subsidies it allegedly paid for the blood-thinner Plavix after an unjustified court injunction prevented the release of a generic version of the top-selling drug, an appeals court has heard.

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Judge finds Spain not immune from enforcement of $375M arbitration awards
Arbitration 2021-02-02 5:10 pm By Miklos Bolza

The Full Federal Court has granted a limited appeal in the Kingdom of Spain’s challenge to a judgment enforcing a $375 million arbitration award over two renewable energy investments, ordering a redrafting of the primary judge’s orders but rejecting claims that Spain was immune as a foreign state from enforcement of the award.

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Clients and lawyers with axe to grind a major headache for law firms in 2020
Business of Law 2021-01-13 10:12 pm By Miklos Bolza

While there was no shortage of pain and challenges for law firms as the coronavirus raged across the globe last year, a number of big firms also felt the sting of litigation from disgruntled clients, partners and employees.

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Whistleblower laws don’t apply retrospectively, judge says in ANZ bank trader’s case
Employment 2020-12-11 5:50 pm By Cat Fredenburgh

A judge has thrown out the portion of a lawsuit brought by an ANZ trader who was sacked in 2015 that was brought under enhanced whistleblower protections that took effect in 2019, saying the civil remedy provisions do not apply retrospectively.

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Last stop for ACCC as High Court refuses leave to appeal Pacific National, Aurizon deal
Competition & Consumer Protection 2020-12-08 1:34 pm By Christine Caulfield

The ACCC has reached the end of the line in its challenge to Pacific National’s $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, with the High Court dismissing the competition regulator’s application to take up the appeal.

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Apple to seek stay of Epic Games competition lawsuit
Competition & Consumer Protection 2020-12-08 11:16 am By Cat Fredenburgh

Apple wants to stay a competition lawsuit brought by video game developer Epic Games in Australia, claiming a clause in its developer contract requires any dispute between them to be heard in a California court.

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ATO loses landmark case over GST gold scam
Tax 2020-11-17 7:15 pm By Miklos Bolza

The Australian Taxation Office has been blocked from indirectly recouping GST lost in a major tax scam by allegedly crooked gold traders with the Full Federal Court finding a $208 million demand sent to a defunct gold refiner had incorrectly interpreted the GST Act.

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Cigno, BHF say they did not need a licence for payday loans
Financial Services 2020-11-03 3:41 pm By Miklos Bolza

Facing an ASIC enforcement action over alleged breaches of Australian credit laws, payday lenders BHF Solutions and Cigno claim they did not need a licence to issue loans to hundreds of thousands of consumers.

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Super fund REST reaches ‘groundbreaking’ settlement in lawsuit over climate disclosures
Environment 2020-11-02 9:22 pm By Miklos Bolza

Retail Employees Superannuation has settled a lawsuit brought by an ecological landscaper and activist over its climate change disclosures, acknowledging the need to identify the risks of climate change.

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