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Top judge warns against making a villain of class actions
Class Actions 2022-02-09 10:32 pm By Christine Caulfield

As parliament weighs the latest Morrison government crackdown on class actions, the Federal Court’s chief judge has warned of “an ever present danger” of maligning the regime.

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Forum Finance director can’t block receivers from selling waterfront homes
Restructuring & Insolvency 2022-02-09 5:43 pm By Christine Caulfield

Forum Finance director Vince Tesoriero has lost a battle to stop receivers from selling luxury properties in which he and Bill Papas hold a stake pending the outcome of Westpac’s fraud case against him.

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Bristol-Myers Squibb to open up cancer treatment program to settle Merck Sharpe & Dohme lawsuit
Competition & Consumer Protection 2022-02-09 7:01 pm By Cat Fredenburgh

Bristol-Myers Squibb has agreed to open up its subsidised treatment program for stage IV melanoma patients to individuals who have been treated with drugs made by its competitors to settle a misuse of market power lawsuit brought by rival Merck Sharpe & Dohme.

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Lander & Rogers nabs M&A team from KPMG Law
Corporate 2022-02-09 3:52 pm By Bianca Hrovat

Lander & Rogers has recruited four leading corporate lawyers from KPMG Law, including highly-regarded partner David Morris, as part of the law firm’s aggressive growth strategy.

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Class action members guaranteed more than 70% in first case giving lawyers slice of the pie
Class Actions 2022-02-08 2:47 pm By Christine Caulfield

The first order allowing plaintiffs lawyers to take a cut of the proceeds of a class action will guarantee group members in a case against G8 Education at least 72.5 per cent of any recoveries — a notably higher percentage than the minimum legislated by a controversial bill before federal parliament.

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Macpherson Kelley faces trial over botched lease that gave Shell extra land
Professional Negligence 2022-02-08 11:00 pm By Christine Caulfield

Macpherson Kelley is headed for trial next week in a case that alleges the law firm bungled the execution of a 10-year lease agreement with Shell for a service station in Melbourne, giving the energy giant an extra 320 square metres equating to $2.5 million in lost rent for its landlord client.

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Citing ‘leisure wear effect’, MySuper class action seeks in-person hearing
Class Actions 2022-02-08 3:03 pm By Cat Fredenburgh

The parties in a class action accusing a Commonwealth Bank of Australia unit of breaching its superannuation trustee duties want the matter to be heard in person and are willing to foot the bill for the judge to travel to Sydney to make it happen.

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IP Australia puts kibosh on extension for Bayer’s contraceptive patent
Intellectual Property 2022-02-08 10:56 pm By Cat Fredenburgh

IP Australia has quashed an extension for a patent covering a Bayer oral contraceptive, saying the extension should have been calculated based on a drug that was included on the Australian Register of Therapeutic Goods at an earlier date.

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SAS soldiers panned ‘bulls–t’ commendation awarded to Ben Roberts-Smith, court told
Defamation 2022-02-08 3:14 pm By Bianca Hrovat

It was common knowledge that SAS soldiers sought the retraction of a “bulls–t” commendation awarded to war veteran Ben Roberts-Smith for acts of bravery in Afghanistan in 2012, a trial in a defamation case against Fairfax has heard.

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Herbert Smith Freehills snags technology law expert from PwC
Business of Law 2022-02-08 9:48 pm By Christine Caulfield

Herbert Smith Freehills has appointed technology law specialist Cameron Whittfield as part of its plan to be a dominant global player in the technology, cyber security and digital space.

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