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Judge sets course to avoid ‘Brobdingnagian’ trial in PFAS class actions
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.
High Court won’t hear Auctus appeal over $2.3M R&D tax refund mistake
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.
Judge finds Phoenix Institute treated vulnerable customers with ‘callous indifference’
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.
Court throws out Merck Sharp & Dohme’s Januvia patent extension
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.
COVID-19 delays judgment in ACCC’s long-running case against private college Phoenix
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.
PwC says ATO should stick to plan at upcoming privilege hearing
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.
Prospect of longer COVID-19 lockdown stalls Ben Roberts-Smith trial
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.
‘Why cannot our own creations also create?’: AI can be inventor on patent, court finds
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".
BlueScope cartel judge gives ‘hybrid’ hearings low marks as COVID-19 scrambles trial plans
When trial begins next month in the ACCC's cartel case against BlueScope Steel, the parties will all appear by video, with a judge saying "hybrid" hearings - where some parties are in court and others appear by video - were "unsatisfactory".
Judge urged to shut down ‘pseudo’ class action over climate change disclosures
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.