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Full Court tosses ACCC appeal in Medibank disclosure case
Competition & Consumer Protection 2018-12-20 10:42 pm By Christine Caulfield

The Australian Competition and Consumer Commission has lost an appeal of a ruling that dismissed its case over allegedly inadequate disclosures by private health insurer Medibank relating to member benefits.

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Property spruiker Otton can’t use Bondi estate cash for legal bills, ACCC says
Competition & Consumer Protection 2018-12-20 8:40 pm By Miklos Bolza

The Australian Competition and Consumer Commission wants to block former We Buy Houses director Rick Otton from using the proceeds from the sale of his $3.6 million Bondi home to help with legal costs and living expenses as he appeals a record $6 million fine for consumer law violations.

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IOOF says APRA should be able to state its case after 3-year probe
Financial Services 2018-12-20 3:38 pm By Miklos Bolza

A barrister for two units of embattled wealth manager IOOF and three senior company executives facing claims by APRA have criticised the regulator for filing a broad concise statement and no statement of claim after a three-year investigation.

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Teva files challenge to Boehringer inhaler capsule patent
Intellectual Property 2018-12-20 3:12 pm By Cat Fredenburgh

Generic drug giant Teva has filed a lawsuit seeking to have German pharmaceutical company Boehringer’s patent for an inhalation capsule, which is used to deliver the active drug in its blockbuster Spiriva asthma inhaler, declared invalid.

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NSW Ports pans ACCC for ‘vague’ competition case
Competition & Consumer Protection 2018-12-20 2:40 pm By Miklos Bolza

NSW Ports has criticised the Australian Competition and Consumer Commission for expecting the company to file a defence to the regulator’s allegations of anti-competitive conduct from a concise statement it panned as “vague”.

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Appealing GetSwift class action ruling comes at a cost, Full Court says
Appeals 2018-12-20 1:33 pm By Christine Caulfield

The law firms that challenged a ruling staying their cases against GetSwift gave the Full Federal Court a chance to guide judges managing competing class actions, but they can’t avoid paying their opponents’ legal costs because the court happened to seize the opportunity.

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Judge says Zoetis horse vaccine class action fails to connect dots
Class Actions 2018-12-20 1:05 pm By Cat Fredenburgh

A judge has slammed an amended pleading in a class action against Zoetis by horse owners who claim the pharmaceutical company made misleading claims about its Hendra virus drug, saying it presents an “insuperable difficulty”.

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Sanofi denied injunction in injector pen patent dispute
Intellectual Property 2018-12-19 11:26 pm By Cat Fredenburgh

A judge has denied Sanofi’s bid to block Alphapharm from listing its insulin injector pen on the Pharmaceutical Benefit Scheme, saying Sanofi has not established a strong enough case of infringement to justify granting the injunction.

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GetSwift class notice delayed as law firm told to get ‘house in order’
Class Actions 2018-12-19 10:59 pm By Miklos Bolza

A law firm on the losing end of a landmark ruling over competing shareholder class actions against GetSwift has argued that a proposed opt-out notice to group members should wait until after its High Court appeal. And the judge will let the firm make its argument, after hearing that the winning law firm has been, in his words, “sitting on its hands”.

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As trial looms, who owns ‘Love is in the Air’ copyright up in the air
Intellectual Property 2018-12-19 9:00 pm By Miklos Bolza

The judge overseeing a lawsuit against Air France over the alleged unauthorised use of the song “Love is in the Air” will have to weigh who owns the rights to the disco hit.

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