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BHP asks High Court to weigh in on inclusion of foreign investors in class action
Appeals 2021-07-05 11:56 am By Cat Fredenburgh

Global resources giant BHP Group is seeking special leave from the High Court to appeal a ruling that rejected its bid to exclude foreign investors from a shareholder class action over the 2015 Fundao dam disaster.

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After triumphing in beauty parade, Maurice Blackburn seeks stay of PFM’s Boral class action
Class Actions 2021-06-30 7:03 pm By Cat Fredenburgh

After winning a three-way contest to lead a shareholder class action against construction giant Boral, Maurice Blackburn is seeking to stay a competing class action by Phi Finney McDonald that was allowed to continue as a closed class action.

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Litigation funder sued for failing to register Queensland energy class action under new rules
Class Actions 2021-06-28 4:00 pm By Cat Fredenburgh

Energy generator Stanwell has filed a lawsuit seeking to shut down the funding for a class action brought on behalf of 50,000 customers accusing it of gaming Queenland’s energy pricing system, alleging funder LCM lacked the required licence to back the case and did not register the class action as a managed investment scheme.

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Group members can switch law firms in Monsanto class action
Class Actions 2021-06-25 1:49 pm By Miklos Bolza

A dozen group members can opt out of Maurice Blackburn’s Roundup class action against Monsanto and switch to a competing class action being run by Sydney-based LHD Lawyers that was closed and temporarily stayed in May last year.

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Full Court upholds Sequenom’s win in patent battle over prenatal genetic tests
Intellectual Property 2021-06-21 6:34 pm By Miklos Bolza

The Full Federal Court has upheld US biotech company Sequenom’s  patent for a noninvasive prenatal genetic test, rejecting rival Ariosa Diagnostic’s argument that the patent merely described a way to extract incorporeal genetic information.

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ASIC’s proposed $40M fee disclosure penalty ‘manifestly excessive’, NAB tells court
Financial Services 2021-06-18 10:08 pm By Christine Caulfield

National Australia Bank has urged a court to impose a $15 million penalty for its five-year failure to adequately disclose its adviser fees, and has argued ASIC’s push for a steeper penalty goes too far.

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Biogen sues to fend off generic competition to MS drug Tecfidera
Intellectual Property 2021-06-16 11:26 am By Cat Fredenburgh

Switzerland-based Biogen has sued generic drug maker MSN Laboratories for allegedly threatening to infringe the patent for its top-selling oral MS drug Tecfidera.

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Judge extends injunction blocking ex-Liberty Financial exec from joining rival
Employment 2021-06-04 2:10 pm By Christine Caulfield

A judge has extended an injunction barring a former manager of non-bank lender Liberty Financial from working for a unit of Wingate Group until after trial in a case over a restraint clause in the executive’s contract.

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Court urged to reject law firm’s contingency fee bid in ANZ, Westpac class actions
Class Actions 2021-06-03 10:25 pm By Miklos Bolza

A Victoria Supreme Court judge weighing for the first time an application by a law firm for a percentage cut of recoveries in class actions has been told to reject the bid because group members would fare better under the firm’s current no win, no fee funding arrangement.

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BHP loses ‘highly problematic’ bid to exclude foreign investors from class action
Appeals 2021-06-03 10:10 am By Cindy Cameronne

Global resources giant BHP Group has lost an appeal in its fight to exclude foreign investors from a shareholder class action over the 2015 Fundao dam disaster, after arguing the class action regime applies only to those in Australia.

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