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3A Composites issues ultimatum in combustible cladding class action
Class Actions 2019-09-12 3:11 pm By Miklos Bolza

German-based 3A Composites has issued an ultimatum in the high-stakes combustible cladding class action against it, saying it will try to shut down the matter as a representative proceeding if group member registration and opt out are not initiated.

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TPG founder’s evidence means ‘anything can happen’, says judge hearing Vodafone merger battle
Competition & Consumer Protection 2019-09-12 2:06 pm By Christine Caulfield

The judge overseeing Vodafone’s court battle with the competition regulator over a proposed merger with TPG questioned TPG founder David Teoh when the billionaire boss told a courtroom Thursday mobile technology was rapidly evolving, a remark seemingly at odds with the teleco’s claim that it had no viable option in the next five years for resuming a stalled network rollout.

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Judge slams NRMA’s ‘intrusion’ on industrial jurisdiction with consumer suit
Competition & Consumer Protection 2019-09-12 1:58 pm By Amelia Birnie

A judge has thrown out the NRMA’s consumer case against the maritime union over its Sydney fast ferry campaign, ruling that a verdict in favour of the motoring body would have brought the “the entire field of industrial relations within the operation of consumer legislation”.

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Judge ‘flummoxed’ about why 200 pelvic mesh cases are not a class action
Product Liability 2019-09-12 1:20 pm By Miklos Bolza

A Federal Court judge has expressed disbelief that hundreds of lawsuits are being pursued over allegedly defective  pelvic mesh, saying he was “absolutely flummoxed” as to why the law firm leading them hadn’t considered filing a class action.

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Twin Quintis class actions squabble about ‘overly complicated’ case
Class Actions 2019-09-11 10:00 pm By Amelia Birnie

The plaintiffs in one of two shareholder class actions brought against troubled sandalwood producer Quintis have complained about potential delays that could result from the “overly complicated loss theory” being advanced in a parallel class action.

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TPG’s media-shy boss David Teoh fronts court in battle with ACCC over Vodafone merger
Competition & Consumer Protection 2019-09-11 9:45 pm By Christine Caulfield

The reclusive head of TPG Telecom, David Teoh, faced the spotlight on Wednesday to give evidence in a case over the company’s planned $15 billion merger with Vodafone, telling a court under questioning that his company had not budgeted for a 5G network when it first made plans to enter the retail mobile network market.

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Otsuka changes tack in Abilify patent case after landmark Wyeth ruling
Intellectual Property 2019-09-11 8:49 pm By Miklos Bolza

Otsuka Pharmaceuticals and Bristol Myers-Squibb are seeking to withdraw admissions in patent litigation against Generic Health over anti-psychotic drug Abilify, following a landmark ruling last year against Wyeth that clarified the issue of compensation under the usual undertaking for damages in pharmaceutical patent cases.

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Ex-CEO sues live cattle exporter following ‘hostile’ and ‘demeaning’ dismissal
Employment 2019-09-11 3:59 pm By Amelia Birnie

Live cattle exporter Wellard Ltd has been hit with an unlawful dismissal claim for more than $400,000 by its ex-CEO, who claims he was sacked for asking about the company’s troubling financial position and complaining about the chairman’s “hostile”, “demeaning” and “threatening” behaviour towards him.

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Important developments in the ACCC’s cartel immunity policy and introduction of whistleblowing tool
Expert Insights 2019-09-11 1:40 pm By Editor

From October 1, the Australian Competition and Consumer Commission will apply an updated cartel immunity and cooperation policy, with the changes said to reflect the ACCC’s experiences from key criminal investigations undertaken to date. The ACCC is also launching an online portal to allow whistleblowers to anonymously report alleged cartel conduct directly to the ACCC. Here, King & Wood Mallesons partner Peta Stevenson and senior associate Jacqueline Ibrahim tells you what you need to know about these significant developments.

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Vietnamese mining firm drops $132M arbitration award dispute with WorleyParsons unit
Arbitration 2019-09-11 1:35 pm By Miklos Bolza

The operator of a Vietnamese mine has dropped its Federal Court proceedings against WorleyParsons subsidiary Jacobs E&C over the enforcement of a $132 million arbitration award.

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