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Class action against NAB over MySuper not validly commenced, court finds
Class Actions 2020-12-21 12:58 pm By Miklos Bolza

A class action filed by Maurice Blackburn against NAB units MLC and NULIS was invalidly commenced thanks to a carve out in the Supreme Court Act that bars class actions involving trust property, the Victoria Supreme Court has found.

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‘We have to get this case moving’: Judge orders indictment be filed in ANZ cartel case
Competition & Consumer Protection 2020-12-15 12:43 pm By Cat Fredenburgh

The Federal Court judge who is now overseeing a high stakes criminal cartel case against several investment banks and individuals over a $2.5 billion ANZ share placement has ordered that an indictment be filed by February 1, telling the parties “we have to get this case moving” and that he hoped to move the matter to trial “before we all retire”.

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NSW can’t shield docs in ACCC competition case over ports privatisation
Competition & Consumer Protection 2020-12-09 5:19 pm By Miklos Bolza

The NSW government cannot assert public immunity over cabinet documents sought in a case brought by the ACCC over an allegedly anti-competitive agreement for the privatisation of Port Botany and Port Kembla.

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Banks plead not guilty as ANZ cartel case heads to trial in Federal Court
Competition & Consumer Protection 2020-12-08 3:50 pm By Miklos Bolza

Three banks have been committed to stand trial after pleading not guilty to criminal charges stemming from an alleged cartel agreement reached in a $2.5 billion ANZ share placement, with the closely watched case now moving to the Federal Court two-and-a-half years after it was filed.

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Court grants Wyeth injunction in Prevnar 13 patent dispute
Intellectual Property 2020-12-03 4:53 pm By Cat Fredenburgh

A judge has enjoined Merck Sharpe and Dohme from launching its 15-valent pneumococcal conjugate vaccine after finding it would infringe claims of a Wyeth patent for its Prevnar 13 vaccine, despite MSD’s argument that barring it from launching the vaccine would be contrary to the public interest.

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CIMIC looks to strike out class action over $1.8B writedown
Securities 2020-11-25 10:52 am By Cat Fredenburgh

Engineering services company CIMIC is looking to strike out a shareholder class action alleging it failed to keep the market informed about issues with its Middle East operations.

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Top judge nudges ASIC, Allianz away from ‘bastardised’ pleadings in travel insurance case
Insurance 2020-11-11 3:28 pm By Spencer Fowler Steen

The Federal Court’s top judge has cautioned ASIC and insurers Allianz and AWP against presenting a “bastardised form of pleading” in the financial watchdog’s action over the alleged misleading sale of travel insurance to over 31,000 consumers.

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High Court set to rule on patent exhaustion in ink cartridge case
High Court 2020-11-11 2:23 pm By Cat Fredenburgh

The High Court will hand down its highly anticipated decision in a patent dispute between printer giant Seiko Epson and ink cartridge reseller Calidad on Thursday, a ruling expected to provide clarity on the the rights of businesses to modify patented goods.

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Super fund REST reaches ‘groundbreaking’ settlement in lawsuit over climate disclosures
Environment 2020-11-02 9:22 pm By Miklos Bolza

Retail Employees Superannuation has settled a lawsuit brought by an ecological landscaper and activist over its climate change disclosures, acknowledging the need to identify the risks of climate change.

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Claims of loss questioned in MySuper class action against NAB units
Financial Services 2020-10-29 4:04 pm By Christine Caulfield

A judge has raised doubts about claims of loss and damage in a class action by members of superannuation funds operated by NAB units MLC and NULIS over alleged MySuper mismanagement, as he determines a challenge to whether the case was validly brought as a class action.

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