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It’s the vibe of the thing: all eyes on constitutional challenge to common fund orders
Analysis 2019-02-01 11:16 pm By Christine Caulfield

An unprecedented joint-sitting of two appeals courts will this week hear a constitutional challenge to the power of judges to make so-called common fund orders, a challenge that could have significant ramifications for class actions even if they don’t fall foul of the ‘vibe of the thing’.

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Mylan loses lawsuit against Sun Pharma over cholesterol drug patents
Intellectual Property 2019-01-31 7:30 pm By Miklos Bolza

Generic drug maker Sun Pharma has emerged victorious in a lawsuit brought against it by Mylan relating to Sun’s plans to launch a generic version of cholesterol drug fenofibrate.

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Jones Day snags patent ace from Ashurst
People In The News 2019-01-24 8:14 pm By Christine Caulfield

International law firm Jones Day has expanded its intellectual property team in Sydney, hiring experienced patent litigator Andrew Rankine from Ashurst as its second local partner.

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Judge waives opt out notice in HIH Insurance class actions
Restructuring & Insolvency 2019-01-09 11:41 pm By Cat Fredenburgh

A judge has dispensed with the opt out notice requirement in two class actions filed in administration proceedings related to the spectacular collapse of HIH Insurance.

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Adero hits Hays, Stellar Personnel with employment class actions
Employment 2019-01-07 10:24 pm By Christine Caulfield

Adero Law has filed class actions against labour hire companies Hays and Stellar Personnel on behalf of casual miners who allege they were entitled to accrued leave, on the eve of what’s expected to be a banner year for employment class actions in Australia.

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Casual worker test case to be heard by Full Court
Employment 2018-12-21 11:59 pm By Christine Caulfield

A case that challenges the test for determining casual employment under the Fair Work Act is a matter of public importance and will be heard by the Full Federal Court, the court’s top judge has said.

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Crown Resorts wins dispute over Barangaroo casino views
Construction 2018-12-14 5:26 pm By Miklos Bolza

James Packer’s Crown Resorts has won a lawsuit against the NSW government for allegedly failing to protect sweeping views of the Sydney Harbour from its planned luxury casino in the Barangaroo area.

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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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ALRC’s ‘leave to proceed’ proposal slammed as de facto class certification
Class Actions 2018-11-26 1:29 pm By Cat Fredenburgh

A late proposal by the Australian Law Reform Commission to introduce a ‘leave to proceed’ mechanism into class actions has been blasted by a major litigation funder and a plaintiffs-side law firm as a de facto class certification procedure that would ramp up costs and add years of delay to cases.

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Freight cos. slam ACCC’s collusion case over rail deal at start of trial
Competition & Consumer Protection 2018-11-19 11:51 pm By Christine Caulfield

Pacific National would not misuse its market power after taking control of an important rail terminal in Brisbane because that would be “irrational”, the Federal Court heard Monday at the start of a two-week trial in the competition watchdog’s case alleging the rail giant colluded with competitor Aurizon to become the dominant operator of key freight corridors.

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