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Judge sets course to avoid ‘Brobdingnagian’ trial in PFAS class actions
Class Actions 2021-08-20 5:31 pm By Miklos Bolza

With mediation failing to resolve an expansive class action against the federal government over its use of allegedly toxic firefighting foam, a judge has charted a plan to avoid a “Brobdingnagian” trial and efficiently determine the claims of group members around eight military bases across Australia.

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High Court won’t hear Auctus appeal over $2.3M R&D tax refund mistake
High Court 2021-08-16 10:58 am By Cat Fredenburgh

Auctus Resources will not be able to hang on to a $2.3 million R&D tax offset refund which the Full Court found was paid by mistake, after the High Court turned down its special leave application.

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Judge finds Phoenix Institute treated vulnerable customers with ‘callous indifference’
Competition & Consumer Protection 2021-08-13 4:26 pm By Miklos Bolza

A judge has found collapsed education provider Phoenix Institute acted unconscionably and with “callous indifference” by enticing vulnerable consumers to enrol in unsuitable courses with promises of free laptops.

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Court throws out Merck Sharp & Dohme’s Januvia patent extension
Intellectual Property 2021-08-12 2:29 pm By Miklos Bolza

The Federal Court has dealt US drug giant Merck Sharp & Dohme a devastating blow, overturning an “untenable” patent term extension which would have protected the monopoly of its multibillion-dollar Januvia and Janumet diabetes drugs beyond July 2o22.

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COVID-19 delays judgment in ACCC’s long-running case against private college Phoenix
Competition & Consumer Protection 2021-08-06 3:37 pm By Miklos Bolza

Sydney’s ongoing COVID-19 lockdown has created “logistical” difficulties delaying the release of a long awaited judgment in the ACCC’s consumer law case against collapsed private college Phoenix Institute, which was accused of misleading students through the marketing of its courses.

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ASIC seeks $40M penalty against NAB over inadequate fee disclosures
Financial Services 2021-06-17 3:06 pm By Christine Caulfield

National Australia Bank has admitted in court it broke the law by charging fees it was not entitled to collect, but the bank and the corporate regulator are $25 million apart on what is an appropriate penalty.

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PwC says ATO should stick to plan at upcoming privilege hearing
Tax 2021-08-03 2:10 pm By Miklos Bolza

PricewaterhouseCoopers has objected to swathes of evidence from the Commissioner of Taxation being included in an upcoming trial over privilege, claiming the material oversteps a process put in place by the court to only examine a small sample of documents.

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Prospect of longer COVID-19 lockdown stalls Ben Roberts-Smith trial
Defamation 2021-08-02 12:10 pm By Cat Fredenburgh

Trial in war veteran Ben Roberts-Smith’s defamation case over articles accusing him of war crimes has been adjourned until November in light of the current COVID-19 lockdown in Sydney, which a judge noted could be extended beyond the month of August.

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‘Why cannot our own creations also create?’: AI can be inventor on patent, court finds
Intellectual Property 2021-07-30 12:39 pm By Cat Fredenburgh

A judge has found artificial intelligence can be named as the inventor on a patent application, setting aside an IP Australia finding that allowing a machine to be considered an inventor would render the Patents Act incapable of “sensible operation”.

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Judge urged to shut down ‘pseudo’ class action over climate change disclosures
Environment 2021-07-28 10:13 pm By Cindy Cameronne

A green activist who filed a group proceeding alleging the government failed to disclose the impacts of climate change to investors in sovereign bonds does not have a common interest with group members and should have her lawsuit declassed, a court has heard.

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