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Landmark shareholder class action against Myer dismissed
Class Actions 2020-05-06 1:31 pm By Cat Fredenburgh

A closely watched shareholder class action against Myer over an inflated profit forecast from former CEO Bernie Brookes has been dropped, after a court found the retail giant misled shareholders but that they suffered no harm.

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Hanwha mostly defeats bid for more discovery in solar patent feud
Intellectual Property 2020-05-05 3:23 pm By Christine Caulfield

A court has substantially dismissed an application for further discovery by three companies facing a lawsuit by chemical and energy giant Hanwha Solutions for patent infringement of its solar cell technology.

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ACCC says lower fine ‘appropriate’ in VW appeal of record $125M ā€˜dieselgateā€™ penalty
Competition & Consumer Protection 2020-05-05 12:58 pm By Alison Eveleigh

The Australian Competition and Consumer Commission maintains its $75 million settlement agreement with Volkswagen over the emissions cheating scandal was ā€œappropriateā€, as VW progresses its appeal of the $125 million penalty imposed by a judge who called the ACCC agreement ā€œmanifestly inadequateā€.

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Judges’ schedules to be cleared as court expedites Johnson & Johnson pelvic mesh appeal
Appeals 2020-05-01 4:34 pm By Miklos Bolza

The top judge of the Federal Court plans to clear the schedules of three judges at the start of next year so they can hear and decide Johnson & Johnson’s challenge of a class action ruling that found its pelvic mesh devices were defective and awarded the lead applicants $2.6 million in damages.

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Courts should be flexible on laws in COVID-19 pandemic, says Virgin Australia judge
Restructuring & Insolvency 2020-04-29 3:08 pm By Christine Caulfield

The COVID-19 pandemic and government social distancing restrictions were reasons to be flexible in applying and adapting the law, the judge overseeing the administration of Virgin Australia has said in exempting administrators from liability for unpaid leases and allowing Thursday’s meeting of the airlines’ creditors to be held by teleconference.

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Virgin administrators not on the hook for aircraft leases, for now
Restructuring & Insolvency 2020-04-24 6:41 pm By Alison Eveleigh

The administrators of Virgin Australia will not have to pay the troubled carrierā€™s aircraft and other lease payments, after a court granted them a temporary exemption from liability.

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Class action says AMP wielding ‘threat’ of strike out application
Class Actions 2020-04-24 3:15 pm By Alison Eveleigh

Repeated suggestions of a planned strike out application are being used as a “threat” by four AMP subsidiaries and two trustees in a consolidated class action over allegedly excessive superannuation fees, a court has heard.

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Landmark ruling nixing class closure orders likely to reach High Court
Analysis 2020-04-23 9:10 pm By Christine Caulfield

A ruling Wednesday that struck down class closure orders — a device used by judges in class actions for the past two decades — has split the courts in Australia and is expected to head to the High Court.

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Media monitor Isentia loses bid to lower interim copyright fees
Intellectual Property 2020-04-23 5:06 pm By Christine Caulfield

The Copyright Tribunal has dismissed an application by media monitoring firm Isentia to lower per-clip rates payable to collecting house Copyright Agency, rejecting arguments the higher fees had led to a loss of customers.

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Law firm may be hit with costs for filing individual pelvic mesh cases
Class Actions 2020-04-22 9:48 pm By Alison Eveleigh

A law firm that brought a slew of individual claims on behalf of group members in the Ethicon pelvic mesh class action should have to personally pay the costs of a series of case management hearings because they were a waste of time, a court has heard.

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