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Feud over app notice in $7M CBA case could shift balance towards higher penalties
Financial Services 2021-07-29 4:08 pm By Miklos Bolza

A judge weighing a dispute between ASIC and the Commonwealth Bank over whether notice of a $7 million penalty should be sent out through the bank’s Commbank app has questioned the usefulness of adverse publicity notices and whether they should be ditched for higher pecuniary penalties in the future.

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‘I didn’t come down in the last shower’: Judge criticises running of two S&P cases
Class Actions 2021-07-28 1:53 pm By Christine Caulfield

A judge has grudgingly agreed to allow a law firm to run an investor’s case against S&P Global over ratings on toxic financial products separately from a class action that makes the same claims, but was warned of the “costs consequences” of the parallel proceedings.

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a2 Milk urges court to register ‘slightly mysterious’ trade marks
Intellectual Property 2021-07-27 5:00 pm By Miklos Bolza

The a2 Milk Company has urged the Federal Court to allow its ‘a2 Milk’ and ‘True a2’ trade marks to be registered, arguing they’re not merely descriptive of a protein in milk.

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Law firms resolve multiplicity issue in Boston Scientific pelvic mesh class actions
Class Actions 2021-07-20 5:23 pm By Miklos Bolza

A Sydney law firm that brought a class action against Boston Scientific over allegedly defective pelvic mesh products has agreed to stay its case while a class action by Shine Lawyers moves ahead.

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Bristol-Myers Squibb accused of misusing market power with cancer treatment program
Competition & Consumer Protection 2021-07-19 2:55 pm By Miklos Bolza

Merck Sharp & Dohme has filed a lawsuit accusing rival drug company Bristol-Myers Squibb of misusing its market power by restricting access to a treatment program for stage IV melanoma patients.

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Settlement reached in Takata airbags class actions
Class Actions 2021-07-13 11:55 pm By Cat Fredenburgh

Six of the world’s largest car makers have agreed to settle class actions accusing them of selling cars with deadly Takata airbags.

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Fight brewing over competing pelvic mesh class actions against Boston Scientific
Class Actions 2021-07-09 9:57 pm By Christine Caulfield

Despite a judge’s urging for the parties to arrive at a “pragmatic solution”, the lawyers behind competing pelvic mesh class actions against Boston Scientific will duke it out for carriage of the proceedings.

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Apple will take fight with Epic Games to the High Court
Competition & Consumer Protection 2021-07-09 9:53 am By Cat Fredenburgh

Apple plans to appeal the Full Federal Court’s decision that Epic Games’ misuse of market power lawsuit over it App Store terms should be heard in Australia because the case raises issues of “fundamental public interest”.

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Court finds billionaire mining heiress engaged in fraud and deceit but tosses lawsuit
Estates 2021-07-02 9:50 pm By Miklos Bolza

The Supreme Court of Western Australia has thrown out a lawsuit against billionaire mining heiress Angela Bennett and her brother Michal Wright over the estate of their father, mining magnate Peter Wright, despite finding the siblings breached their fiduciary duty and engaged in deceit and fraud.

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S&P class action applicant resists paying security for ratings agency’s costs
Class Actions 2021-06-29 5:13 pm By Christine Caulfield

A fight is looming over a bid by S&P Global for a class action applicant to pay security for the legal costs of defending the litigation, with the applicant arguing it shouldn’t have to fork over anything.

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