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Judge questions if Philips class action ‘appropriately resourced’
Class Actions 2022-03-23 3:51 pm By Cindy Cameronne

A judge has questioned whether the lead applicant in a class action over sleep apnea machines with alleged safety defects was “appropriately resourced” to run the case against health tech giant Philips.

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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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Union planning to upsize rest break cases against McDonald’s
Employment 2022-03-23 10:37 pm By Sam Matthews

The Shop, Distributive and Allied Employees Association has flagged its intent to bring further cases against various McDonald’s franchisees, alongside eleven claims it has brought to date over alleged failures to give workers paid 10-minute breaks.

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Judge clarifies rights of responsible entities to recoup MIS costs
Financial Services 2022-03-23 4:22 pm By Miklos Bolza

A Federal Court judgment has laid out when a responsible entity of a managed investment scheme will be indemnified for its operating costs and when it can recoup legal costs in defending lawsuits brought over trust property.

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High Court to hear Spain’s sovereign immunity claims in $375M arbitration dispute
High Court 2022-03-23 10:23 pm By Cat Fredenburgh

The High Court has agreed to weigh in on whether an Australian court’s recognition of a $375 million international arbitration award against the kingdom of Spain violated the sovereign immunity doctrine.

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Independent candidate Zoe Daniel wins fight against council over yard signs
Courts 2022-03-23 6:20 pm By Miklos Bolza

In a victory for Victorian independent candidate Zoe Daniel, the state’s Supreme Court has found that promotional signs displayed on lawns did not fall foul of a local council ban on unauthorised displays.

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IAG appeals to High Court, says JobKeeper should offset any COVID-19 payouts
Insurance 2022-03-22 10:38 pm By Christine Caulfield

While mostly prevailing in test cases over coverage for COVID-19 business interruption claims, Insurance Australia Group has asked the High Court to weigh in on what it says is a “radical” approach by an appeals court in the treatment of JobKeeper payments.

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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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Greensill says insurer BCC liable for misleading statements if IAG right
Insurance 2022-03-22 3:01 pm By Christine Caulfield

Insurance Australia Group agent Bond & Credit Company owes damages for misleading representations to Greensill Capital if the insurer was not authorised to enter into a trade credit policy at the centre of four lawsuits over the collapse of the financial services firm, a court has been told.

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High Court grants Western Power special leave in bushfire class action
High Court 2022-03-22 2:17 pm By Miklos Bolza

The High Court will hear a challenge by Western Power to an appeals court judgment which found that the state-owned electricity supplier breached its duty of care to inspect power poles on private land and was partly liable for property damage from the 2014 Perth Hills bushfire.

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