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NSW Ports pans ACCC for ‘vague’ competition case
Competition & Consumer Protection 2018-12-20 2:40 pm By Miklos Bolza

NSW Ports has criticised the Australian Competition and Consumer Commission for expecting the company to file a defence to the regulator’s allegations of anti-competitive conduct from a concise statement it panned as “vague”.

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Appealing GetSwift class action ruling comes at a cost, Full Court says
Appeals 2018-12-20 1:33 pm By Christine Caulfield

The law firms that challenged a ruling staying their cases against GetSwift gave the Full Federal Court a chance to guide judges managing competing class actions, but they can’t avoid paying their opponents’ legal costs because the court happened to seize the opportunity.

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Judge says Zoetis horse vaccine class action fails to connect dots
Class Actions 2018-12-20 1:05 pm By Cat Fredenburgh

A judge has slammed an amended pleading in a class action against Zoetis by horse owners who claim the pharmaceutical company made misleading claims about its Hendra virus drug, saying it presents an “insuperable difficulty”.

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Sanofi denied injunction in injector pen patent dispute
Intellectual Property 2018-12-19 11:26 pm By Cat Fredenburgh

A judge has denied Sanofi’s bid to block Alphapharm from listing its insulin injector pen on the Pharmaceutical Benefit Scheme, saying Sanofi has not established a strong enough case of infringement to justify granting the injunction.

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GetSwift class notice delayed as law firm told to get ‘house in order’
Class Actions 2018-12-19 10:59 pm By Miklos Bolza

A law firm on the losing end of a landmark ruling over competing shareholder class actions against GetSwift has argued that a proposed opt-out notice to group members should wait until after its High Court appeal. And the judge will let the firm make its argument, after hearing that the winning law firm has been, in his words, “sitting on its hands”.

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Lead applicant socked with costs of Banksia class member’s appeal
Appeals 2018-12-19 9:53 pm By Christine Caulfield

The lead applicant in a class action over the failure of Banksia Securities is on the hook for paying the legal costs of a class member who successfully challenged the funder’s cut of a $64 million settlement in the case.

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As trial looms, who owns ‘Love is in the Air’ copyright up in the air
Intellectual Property 2018-12-19 9:00 pm By Miklos Bolza

The judge overseeing a lawsuit against Air France over the alleged unauthorised use of the song “Love is in the Air” will have to weigh who owns the rights to the disco hit.

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ACCC wins access to Trivago docs over website, ad changes
Competition & Consumer Protection 2018-12-19 8:36 pm By Cat Fredenburgh

Hotel booking aggregator Trivago, which last month admitted to breaching the consumer laws over its travel accommodation rankings, has lost a bid to keep secret internal documents that detail why the company made changes to its website and rejigged its advertising.

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Treasury Wine can’t get costs for stayed class actions, court told
Class Actions 2018-12-19 4:36 pm By Miklos Bolza

Treasury Wine Estates can’t claim its legal costs in defending against two stayed shareholder class actions because the terms of a settlement in a third class action barred the company from recovering anything from group members in related cases, a court has heard.

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Judge picks winner in BHP class action contest
Class Actions 2018-12-18 11:52 pm By Christine Caulfield

A judge has chosen a winner in a battle of law firms vying to run a massive shareholder class action against BHP over the fatal collapse of a dam at its Brazilian mine, saying the funding arrangement behind the successful case would best serve class members.

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