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Rinehart family feud turns on a word, High Court hears
Contracts 2018-08-22 9:49 pm By Christine Caulfield

The bitter dispute between Gina Rinehart and two of her children over billions of dollars in iron ore mining assets may come down to how the High Court interprets a single word in an arbitration clause of agreements signed by the warring family members.

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Adani beats native title challenge to Queensland coal mine
Energy & Natural Resources 2018-08-21 11:06 pm By Cat Fredenburgh

A group of Indigenous Australians has failed to block Adani Mining’s $16 billion development of the proposed Carmichael coal mine in central Queensland, with a judge dismissing the claims as “void of merit”.

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Sanofi launches patent case over Alphapharm injector pen
Intellectual Property 2018-08-21 11:00 pm By Miklos Bolza

Global pharmaceutical giant Sanofi-Aventis has launched patent infringement proceedings against generic drug maker Alphapharm seeking “urgent interlocutory relief” to prevent a generic injector pen from being listed on the market.

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Appco can’t put brakes on ‘sham contracting’ class action
Class Actions 2018-08-21 1:05 pm By Miklos Bolza

Fundraising company Appco Group Australia has failed in its bid to put a massive sham contracting class action in the Federal Court on hold while it fights a ruling that let the case continue as a representative proceeding.

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Lawyer’s bungled court filing dooms helicopter injury case
Personal injury 2018-08-21 12:52 pm By Christine Caulfield

A helicopter passenger who suffered serious injuries in an accident near Alice Springs has lost a challenge to the dismissal of his case, with an appeals court ruling a Slater & Gordon lawyer’s defective statement of claim — lodged on the last day of the limitations period — was not accepted by a registry of the Northern Territory Supreme Court. 

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ACCC lost cartel case because Loyal, Cascade were not competitors, judge rules
Competition & Consumer Protection 2018-08-20 11:44 pm By Christine Caulfield

The two coal companies at the centre of an ACCC case alleging an unlawful agreement to rig the tender process for mining exploration licenses were not competitors, a judge has ruled in dismissing the watchdog’s cartel case.

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Parties in AMS pelvic mesh class action promise streamlined approach
Class Actions 2018-08-20 10:41 pm By Miklos Bolza

Lawyers on both sides of the class action against American Medical Services over pelvic mesh implants have taken steps to ensure the case proceeds with greater efficiency than the pelvic mesh class action against Johnson & Johnson, which went to an 89-day trial five years after that case was filed.

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Judge overlooked crucial evidence in Nurofen case, Full Court hears
Competition & Consumer Protection 2018-08-20 10:23 pm By Miklos Bolza

A Federal Court judge skipped vital witness testimony when he ruled Reckitt Benckiser misled consumers about the effectiveness of its Nurofen painkiller, the pharmaceutical company told the Full Federal Court Monday.

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Viterra points finger at ex-employees in trial over $420M Joe White sale
Trials 2018-08-20 9:44 pm By Cat Fredenburgh

Viterra is blaming several former employees for representations made about malt quality in the lead-up to the $420 million sale of its Joe White business to Cargill Australia in 2013.

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‘Loose with the truth’ broker to get High Court’s ear
Financial Services 2018-08-20 3:06 pm By Cat Fredenburgh

The High Court has granted special leave to appeal a lifelong ASIC ban to a broker a judge once described as “loose with the truth” and as carrying a “massive bag of dishonest conduct” with him.

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