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ASIC’s belated case against ex-Murray Goulburn execs survives, but judge says never again
ASIC 2019-10-04 10:05 pm By Christine Caulfield

A judge has refused a bid by two former Murray Goulburn executives to throw out a disqualification case brought by the Australian Securities and Investments Commission, despite admonishing the corporate regulator for its delay in bringing the case and establishing a protocol for regulators filing cases in his docket.

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Dick Smith insurer class action plaintiffs want their own hearing
Class Actions 2019-10-04 7:37 pm By Amelia Birnie

The plaintiffs in an investor class action filed against Dick Smith’s insurers want a separate hearing from four other representative and company proceedings against the failed electronics retailer, arguing there would be only the “thinnest basis” for concurrent proceedings if their strike out application was successful.

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Opal Tower class action defendants banned from contacting group members about settlement
Class Actions 2019-10-04 5:02 pm By Amelia Birnie

The defendants in the Sydney Opal Tower class action have been formally banned from contacting represented group members about their claims while the proceeding remains on foot, after communications were allegedly sent to apartment owners.

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Facing Deloitte cross-claims, Dick Smith execs drag other directors into class action
Class Actions 2019-10-03 10:22 pm By Cat Fredenburgh

Former Dick Smith executives Nick Abboud and Michael Potts have pointed the finger at the defunct electronics retailer’s other directors in response to cross claims by auditor Deloitte, which is named in two shareholder class actions over the company’s collapse.

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NSW government points finger at developer in Opal Tower class action
Class Actions 2019-10-02 9:01 pm By Amelia Birnie

The NSW government’s Sydney Olympic Park Authority, which is facing a class action brought by owners of apartments at the troubled Opal Tower, has laid the blame on the developer, designer and builder behind the project.

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Battle ahead as Hanwha seeks to ‘strengthen’ solar patent after suing rivals for infringement
Intellectual Property 2019-10-02 4:15 pm By Miklos Bolza

Global solar panel manufacturer Hanwha Q CELLS wants to amend the patent behind its solar technology, more than six months after launching infringement proceedings against three rivals.

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Wyeth loses privilege claim over Allens docs in Merck’s vaccine patent case
Intellectual Property 2019-10-01 3:56 pm By Miklos Bolza

Wyeth has lost a bid to claim legal professional privilege over certain documents sought by Merck Sharp & Dohme as the two rivals head towards a hearing for the reopening of the Prevnar 13 patent case.

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‘Serious questions’ raised over conduct of lawyers, funder behind Banksia class action, judge says
Class Actions 2019-09-26 2:01 pm By Christine Caulfield

A judge overseeing a settled class action against failed Banksia Securities has rejected an application to limit a contradictor’s investigation of alleged professional misconduct on the part of the legal team and funder behind the case, saying he was satisfied there was a proper basis for the allegations.

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After questioning funder’s cut, judge quietly approves KPMG class action settlement scheme
Class Actions 2019-09-19 9:36 pm By Cat Fredenburgh

A judge has quietly given his seal of approval to a settlement distribution scheme in a class action against KPMG, after raising questions about Piper Alderman’s legal bill and the litigation funder’s “arguably excessive” cut of the confidential settlement.

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Otsuka ‘deliberately’ withheld information from court, Generic Health claims
Intellectual Property 2019-09-17 9:30 pm By Miklos Bolza

Pharmaceutical company Generic Health has told the Federal Court that, on advice from their solicitors, Otsuka and Bristol-Myers Squibb “deliberately” chose not to disclose their reasons for an admission in a long-running patent case over the anti-psychotic drug Abilify, which they are now seeking to withdraw.

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