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‘Ticking time bomb’: Essure class action members all at risk, court told
Class Actions 2021-12-08 2:50 pm By Cindy Cameronne

Group members in a class action over Bayer’s Essure contraceptives had “a ticking time bomb” in their bodies after being implanted with the devices, and all were at risk of developing injuries, a court has heard.

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Full Court throws out ‘mistaken’ judgment on AFT’s Maxigesic ads
Competition & Consumer Protection 2021-12-07 6:18 pm By Miklos Bolza

A judge was “mistaken” to find that AFT Pharmaceuticals’ ads for its painkiller Maxigesic were misleading, with the Full Federal Court ruling there was an adequate scientific foundation for the ads’ claims that the drug provided faster, better pain relief than paracetamol and ibuprofen alone.

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Mercedes-Benz hits back at $650M lawsuit, says dealer agreements not ‘perpetual’
Franchises 2021-12-07 6:38 pm By Miklos Bolza

Mercedes-Benz has responded to a $650 million lawsuit by Australian dealers over its decision to move to a fixed-price agency model, saying it had a “legitimate commercial interest” in making the change and denying that dealer agreements were “perpetual” in their terms.

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Linchpin director loses second shot at staying appeal of 5-year ban
Financial Services 2021-12-07 5:47 pm By Bianca Hrovat

Former Linchpin Capital director Peter Eugene Daly has come up short in his second bid to stay his appeal of a ruling that banned him from providing financial services for five years in light of separate proceedings brought by ASIC.

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Banksia class action funder enters administration with no assets
Restructuring & Insolvency 2021-12-07 12:24 pm By Christine Caulfield

The litigation funder behind a fraudulent scheme in a class action over Banksia Securities has entered administration with negligible assets to its name.

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Former CFO dragged into Westpac’s $294M fraud case against Forum Group
Financial Services 2021-12-07 11:45 am By Miklos Bolza

The former chief financial officer of beleaguered Forum Group has been dragged into a lawsuit by Westpac seeking to recoup $294 million in funds paid into an alleged fraudulent scheme.

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Dr Reddy’s must warn Celgene of plans to sell generic blockbuster cancer drug
Intellectual Property 2021-12-07 2:55 pm By Cindy Cameronne

Indian generics giant Dr Reddy’s Laboratories must give Bristol-Myers Squib unit Celgene Corporation three months’ notice before deciding to sell generic versions of blockbuster cancer drug Revlimid in Australia.

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On trial for ‘parody of court hearing’, judge says he made a mistake
Trials 2021-12-06 9:25 pm By Bianca Hrovat

A Federal Circuit Court judge has hit back at accusations he conducted “the grossest parody of a court hearing” when he unlawfully imprisoned a Queensland man for contempt of court, telling a trial “he is a human being [who] made a mistake”.

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Class closure question expected to go up to High Court
Class Actions 2021-12-06 3:56 pm By Christine Caulfield

More than 18 months after a split emerged among the courts, the Full Federal Court will weigh in on whether judges have power to shut out unregistered group members from a class action. But given the breadth of the question for the appeals court, the issue is unlikely to be resolved there.

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‘Whole world of pain’ for solicitors if ex-ANZ trader won privilege spat, judge says
Employment 2021-12-06 3:52 pm By Miklos Bolza

A judge has said if he sides with a former ANZ trader in a privilege dispute with the bank over file notes from 2014 meetings over ASIC’s bank bill swap rate investigations it would create a “whole world of pain” for solicitors claiming privilege over their notes in other cases.

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