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Mylan loses Lipidil appeal, despite court finding proof of intention not needed for Swiss-style claims
Intellectual Property 2020-07-03 5:27 pm By Miklos Bolza

Mylan Health has lost its challenge to a ruling that invalidated three patents related to its blockbuster cholesterol drug Lipidil, despite the appeals court finding the primary judge had erred by ruling that proof of intention was required for Swiss-style claims.

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Mark Elliott’s bank records sought in Banksia class action fee dispute
Class Actions 2020-06-30 4:17 pm By Alison Eveleigh

A contradictor investigating alleged professional misconduct on the part of the legal team and funder behind a class action against failed Banksia Securities will subpoena the bank records of deceased class action lawyer and funder Mark Elliott and associated companies. Meanwhile, the barrister for the lead applicant has returned her brief on the eve of trial, on the advice of the bar ethics committee.

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Opal Tower apartment owners file lawsuit against NSW Government
Construction 2020-06-29 11:00 pm By Cat Fredenburgh

Owners of units in Sydney’s Opal Tower have filed a lawsuit against the NSW Government and builder Icon after allegedly discovering more than 500 additional defects in the troubled building.

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Government hit with $2.9M judgment in live export class action
Class Actions 2020-06-29 1:30 pm By Alison Eveleigh

The lead applicant in a class action against the Federal Government over its total ban on live cattle exports to Indonesia in 2011 has been awarded $2.9 million, potentially exposing the government to hundreds of millions of dollars in damages.

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Accused war criminal Ben Roberts-Smith likely to give evidence in open court
Defamation 2020-06-24 9:20 pm By Alison Eveleigh

After claiming he could be vindicated only by giving evidence in open court, war veteran Ben Roberts-Smith looks likely to get his wish, as the parties to his defamation proceedings finalise negotiations with the Federal Government on the use of national security information.

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Respiri settles lawsuit over ex-CEO’s termination
Employment 2020-06-18 11:19 pm By Cat Fredenburgh

Medical technology company Respiri has settled a lawsuit brought by its former CEO alleging he was terminated for seeking to expand into the Indian market against the wishes of the ASX-listed company’s board.

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Top barrister retained interest in Mark Elliott’s funding co. after wife sold shares, court told
Class Actions 2020-06-09 10:52 am By Christine Caulfield

Court documents sought to be kept confidential in a case alleging professional misconduct against barrister Norman O’Bryan SC in his role as counsel for a class action over the collapse of Banksia Securities accuse the top silk of continuing to have an interest in the funder that bankrolled the proceedings after his wife was said to have sold her shares.

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Banksia class action funder can’t keep details of misconduct claims under wraps
Class Actions 2020-06-03 10:50 pm By Christine Caulfield

A judge has rejected calls to keep confidential the details of professional misconduct claims against the funder and lawyers behind the Banksia Securities class action, in a ruling that revealed that investors of the collapsed lender could recover $30 million more if allegations against the legal team are established at trial.

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Law firm leaders reflect on lessons learned from COVID-19
Business of Law 2020-06-03 5:58 pm By Alison Eveleigh

The global pandemic has shown that the traditional law firm operating model can be transformed with speed and agility if needed. Beyond the anticipated shift to more flexible working arrangements, Lawyerly asked law firms leader to share some of the other lessons they have learned from COVID-19 and how they will incorporate these experiences into the management of their firm.

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Government faces hefty bill after loss in landmark live export class action
Class Actions 2020-06-02 9:35 pm By Cat Fredenburgh

A judge has ruled in favour of live exporters in a class action against the Federal Government, finding a total ban on live cattle exports to Indonesia in 2011 was “capricious and unreasonable”.

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