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Client’s identity shielded by privilege, court rules
Securities 2018-08-24 11:57 pm By Christine Caulfield

Correspondence to a law firm revealing a client’s identity was covered by legal professional privilege because the firm’s advice was contingent on the client providing his name, a court has ruled.

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Judge won’t shut down wrongful death action in US over Qld air crash
Product Liability 2018-08-24 10:20 pm By Christine Caulfield

A judge has refused a bid by two Australian companies to shut down a long-running wrongful death case in the US brought by the families of 15 people killed in an air crash near the Lockhart River in North Queensland in May 2005.

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Heinz fined $2.25M for peddling sugary kids snacks as healthy
Competition & Consumer Protection 2018-08-24 9:37 pm By Cat Fredenburgh

H.J. Heinz Company has been fined $2.25 million for marketing sugary snacks to kids as healthy, a fraction of the $10 million penalty sought by the ACCC.

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Commonwealth Bank pans class action pleadings as ‘vague penumbra’
Class Actions 2018-08-24 4:32 pm By Miklos Bolza

The Commonwealth Bank of Australia is seeking to strike out portions of a shareholder class action over allegedly lax anti-money laundering and anti-terrorism financing controls it calls a “vague penumbra” that leaves the bank in the dark about the case against it.

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Nurofen superiority claims breached consumer law, Full Court affirms
Competition & Consumer Protection 2018-08-24 11:19 am By Cat Fredenburgh

The Full Federal Court has shot down Reckitt Benckiser’s appeal of a ruling that it misled consumers with claims that its Nurofen is a more effective pain killer than rival GlaxoSmithKline’s Panadol.

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Full Court shrinks class size in Ethicon pelvic mesh class action
Class Actions 2018-08-23 10:39 pm By Miklos Bolza

The Full Federal Court has handed Johnson & Johnson unit Ethicon a victory in the class action over its allegedly defective vaginal mesh devices, partly reversing a judge’s decision that expanded the class post-trial.

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Dr. Reddy’s slams Millennium’s injunction bid in cancer drug case
Intellectual Property 2018-08-23 5:41 pm By Miklos Bolza

An urgent injunction sought by US-based Millennium Pharmaceuticals to block generic drug maker Dr Reddy’s Laboratories from launching a cheap version of the breakthrough cancer drug Velcade has been panned as unnecessary.

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Penalties for consumer law violations set to skyrocket
Competition & Consumer Protection 2018-08-23 3:22 pm By Christine Caulfield

Companies breaching the Australian Consumer Law will be hit with higher fines after the Federal Parliament on Thursday passed a bill that aligns the maximum penalties with fines for competition law violations.

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Guard rail maker wins ruling invalidating rival’s patent
Intellectual Property 2018-08-22 11:34 pm By Cat Fredenburgh

A maker of guard rails used on highways has won a judgment invalidating a rival’s patent, with a judge finding the patent lacks novelty.

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Funder was ‘moving force’ behind ‘doomed’ Octaviar class action, court told
Class Actions 2018-08-22 10:16 pm By Miklos Bolza

The Public Trustee of Queensland asked a court Wednesday for indemnity costs from a global litigation funder its says was the “real moving force” behind a dismissed investor class action it called a “nakedly speculative venture”.

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