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VW rightly hit with $125M fine after ‘starving’ judge of evidence, court told
Competition & Consumer Protection 2020-08-12 9:50 pm By Miklos Bolza

An appeals court has been urged to uphold a judge’s $125 million penalty against Volkswagen in the ACCC’s case over the car maker’s emissions cheating, with a court-appointed contradictor saying the judge was “starved” of the information he required to assess whether a $75 million agreement brokered by the consumer watchdog was reasonable.

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Transurban’s West Gate Tunnel dispute with CPB, John Holland goes to arbitration
Transportation & Infrastructure 2020-08-12 4:04 pm By Alison Eveleigh

A judge has ordered that disputes arising between Transurban and a group of contractors over the discovery of toxic PFAS chemicals in the soil at the site of the multi-billion dollar West Gate Tunnel project in Melbourne be sent to arbitration.

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Law firm hit with indemnity costs for opt out error in Toyota class action
Class Actions 2020-08-11 10:32 pm By Miklos Bolza

An error in an opt out notice sent to motorists eligible to sign up for a class action over allegedly defective diesel filters in Toyota vehicles has left a class action law firm on the hook for indemnity costs to cover a new notice to group members.

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Wicked Sister dessert maker suffers loss in trade mark battle
Intellectual Property 2020-08-10 5:54 pm By Miklos Bolza

The company that makes Wicked Sister desserts has suffered a defeat in its trade mark battle against the maker of Wicked dipping sauces, with a judge removing some of its trade marks from the register.

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Sandoz wins appeal of $26.3M infringement ruling in IP battle over Lexapro
Intellectual Property 2020-08-04 3:05 pm By Miklos Bolza

Generic drug maker Sandoz has successfully appealed a $26.3 million judgment finding it infringed a patent owned by rival H Lundbeck relating to the top-selling antidepressant Lexapro.

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Telstra sues Optus over ‘more than ever before’ ad campaign
Competition & Consumer Protection 2020-07-28 5:08 pm By Miklos Bolza

Telstra has filed a lawsuit accusing Singtel Optus of breaching the Australia Consumer Law through ads that claim it is “covering more of Australia than ever before”.

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What barristers love and loathe about their instructing solicitors
Feature 2020-07-14 8:00 pm By Miklos Bolza

When it comes to briefing barristers, solicitors lie on a spectrum of awesome to irksome. In a series of interviews with Lawyerly, some of Australia’s top counsel reveal what they like and what they don’t like about their instructing lawyers.

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Virgin bondholders fail to get hands on confidential Bain Capital sale docs
Restructuring & Insolvency 2020-07-10 1:15 pm By Alison Eveleigh

Virgin Australia unsecured bondholders contesting the sale of the embattled airline to private equity firm Bain Capital have failed in their bid to access confidential transaction documents, but a judge has urged the administrators to communicate with the frustrated creditors.

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Virgin bondholders blast Deloitte disclosures to court
Restructuring & Insolvency 2020-07-09 10:41 pm By Cat Fredenburgh

Virgin Australia bondholders contesting the sale of the airline to private equity firm Bain Capital have blasted the airline’s administrators at Deloitte for failing to inform the court when applying for confidentiality orders that the bondholders had sought information on the terms of the deal.

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The race for the COVID-19 vaccine and patents: Do we need a temporary lockdown?
Expert Insights 2020-07-09 6:08 pm By Editor

It is entirely possible that the first effective SARS-CoV-2 vaccine is developed in Australia, with an Australian firm securing patent rights to the vaccine. If that occurs, it is important to remember that a patent is not an impenetrable fortress. Patent laws already contain mechanisms to enable “special access” to patented pharmaceuticals and other technologies, including (perhaps especially) in times like this, say James Neil and Richard Hoad of Clayton Utz.

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