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Drug companies drop bid for ACCC approval of Revlimid patent settlement
Competition & Consumer Protection 2022-07-29 11:44 am By Cat Fredenburgh

Bristol-Myers Squibb unit Celgene and two generic drug makers have withdrawn an application for ACCC approval of a patent settlement that would have allowed for an early launch of a generic version of blockbuster cancer drug Revlimid.

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Forum Finance director to get $1.25M for legal funds, despite ‘Byzantine’ financials
Financial Services 2022-07-20 10:35 am By Sam Matthews

Bill Papas’ business partner Vince Tesoriero has won the release of $1.25 million to pay for his legal fees in Westpac’s fraud case against him, despite a judge’s finding that disclosure concerning his true financial position was “less than ideal” and included “staggering” discrepancies.

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Funder wants $13.2M commission from confidential Opal Tower class action settlement
Construction 2022-07-20 1:06 pm By Christine Caulfield

Although the settlement sum has not been disclosed, court documents in the Opal Tower class action reveal the litigation funder backing the case will seek $13.2 million in commission when the parties appear before the court later this year.

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Ben Roberts-Smith witnesses had ‘powerful motive to lie’, Fairfax says
Defamation 2022-07-19 8:25 pm By Cindy Cameronne

Soldiers who took the stand for Ben Roberts-Smith in his defamation case against Fairfax colluded on the evidence they gave of key events, counsel for Fairfax has told a judge as a long-running trial comes to a close.

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Forum Finance director failed to disclose $150,000 in assets to court
Financial Services 2022-07-19 5:40 pm By Sam Matthews

Forum Finance director Vince Tesoriero has been caught out for failing to declare over $150,000 to the court, as he took the stand to defend evidence given about his financial position in Westpac’s fraud case against him.

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Judge says Queensland energy class action should be open to all eligible consumers
Competition & Consumer Protection 2022-07-11 6:32 pm By Cindy Cameronne

A judge has ordered that a competition class action against Queensland power companies Stanwell and CS Energy be made open to all energy consumers in the state, saying it was not a “plain vanilla” commercial class action. 

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‘I want complete transparency’: Forum Finance director faces grilling for legal funds
Restructuring & Insolvency 2022-07-01 1:28 pm By Sam Matthews

A judge has told Forum Finance director Vince Tesoriero to “revisit” evidence about his true financial position if he wants to win the release of $1.25 million to pay for his defence in Westpac’s fraud case against him, amid concerns about whether he has made full disclosure to the court.

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Albanese government welcomes class action funder’s defeat of MIS regulation
Class Actions 2022-06-17 10:48 pm By Christine Caulfield

The federal government said Friday it would consider the implications of an appeals court’s finding that the managed investment scheme structure was unsuited to class actions, a ruling it said was a victory for ordinary Australians and a vindication for Labor.

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Full Court finds class actions are not managed investment schemes
Class Actions 2022-06-16 10:43 am By Cindy Cameronne

In a significant victory for litigation funders, the Full Federal Court has found that funded class actions are not managed investment schemes subject to regulatory oversight, gutting the legal basis for reforms enacted by the Morrison government in 2020.

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Class action applicants not harmed despite Hardi’s misleading ads for crop sprayer, judge says
Product Liability 2022-06-10 6:28 pm By Cindy Cameronne

A judge has found the lead applicant in a class action over an allegedly defective crop sprayer did not suffer any loss despite finding agricultural equipment manufacturer Hardi misled him and other farmers who bought the machine. 

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