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Activist suing super fund REST over climate change plan can’t cap adverse costs
Financial Services 2019-01-18 3:29 pm By Cat Fredenburgh

An ecological landscaper suing the Retail Employees Superannuation Trust fund for an undeveloped climate change policy has lost an application for a maximum costs order in the public-interest case.

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Top 10 class action settlements of 2018
Exclusive 2019-01-11 11:29 pm By Cat Fredenburgh

From a record-setting funder’s cut to the first call for ‘“proportionality”, last year saw a number of groundbreaking judgments approving class action settlements worth more than half a billion dollars. Here are the 10 biggest settlements of 2018, and the law firms and funders that negotiated them.  

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Cytec wins challenge to Nalco mining patent
Intellectual Property 2019-01-09 9:27 pm By Miklos Bolza

US-based chemical and materials technology company Cytec Industries has successfully opposed an application by chemical company Nalco for an Australian patent for preventing sediment buildup on mining equipment.

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JP Morgan wins bid to keep ANZ probe docs confidential
Securities 2019-01-08 9:52 pm By Cat Fredenburgh

JP Morgan, the reported whistleblower behind a criminal cartel case against ANZ, Deutsche Bank and Citigroup over a $2.5 billion share placement, has won its bid to keep documents from a related ASIC probe confidential.

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Class has another go at unconscionable conduct claim in Ford PowerShift case
Class Actions 2019-01-07 9:15 pm By Miklos Bolza

The applicant in a class action against Ford over allegedly defective PowerShift transmissions has taken another stab at bringing an unconscionable conduct claim, after the judge overseeing the case panned an earlier pleading as “problematic”.

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ASIC mulls appeal of Westpac ‘personal advice’ ruling
Financial Services 2019-01-04 10:31 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has not ruled out a challenge to a ruling that two Westpac subsidiaries didn’t provide personal financial advice as part of a campaign encouraging customers to roll over external superannuation accounts.

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Unilever’s case over Nivea deodorant stinks, judge finds
Competition & Consumer Protection 2019-01-04 12:08 am By Cat Fredenburgh

Unilever’s allegations that consumer goods competitor Beiersdorf made misleading claims about its Nivea clinical strength deodorant products don’t pass the smell test, a judge has found.

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Takata air bag class actions can claim car makers’ silence was deceptive
Class Actions 2018-12-12 10:05 pm By Miklos Bolza

Seven class actions against auto makers that sold cars equipped with defective Takata airbags can allege the car makers’ silence constituted misleading and deceptive conduct.

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Commonwealth slams Otsuka’s ‘inconsistent’ defences in Abilify patent case
Intellectual Property 2018-12-10 10:02 pm By Miklos Bolza

The Commonwealth has urged the court to strike out the “inconsistent” pleadings of pharmaceutical firms Otsuka and Bristol-Myers Squibb in a patent case over the antipsychotic drug Abilify, calling them a “scandal” which could bring disrepute to the administration of justice.

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ASIC filing puts spotlight on ANZ treasurer in $2.5B capital raising case
Securities 2018-12-05 10:50 pm By Christine Caulfield

ANZ treasurer Rick Moscati was at the centre of a flurry of phone calls and meetings with underwriters and other bank executives on the day the underwriters agreed to pick up a $791 million shortfall in a $2.5 billion capital raising, an agreement which has led to groundbreaking cases by two regulators, according to a new court document.

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