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Court tosses Ex-Quintis head’s defamation claims over ASX statements
Defamation 2018-09-10 9:51 pm By Cat Fredenburgh

A court has struck out defamation claims brought by embattled Quintis founder Frank Wilson against the company’s former directors over ASX statements he alleges suggested he knew about the company’s termination of a supply contract with Nestle’s dermatology unit, Galderma Laboratories.

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Judge questions size of Westpac’s $35M settlement with ASIC
Exclusive 2018-09-10 1:44 pm By Miklos Bolza

A Federal Court judge on Monday held off on approving Westpac’s $35 million settlement with the corporate watchdog over responsible lending law breaches, saying the amount seemed too high.

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Mercy Hospital can give pregnant Jehovah’s Witness blood transfusion if needed
Healthcare 2018-09-07 10:42 pm By Cat Fredenburgh

Mercy Hospital for Women in Melbourne can give a pregnant 17-year-old Jehovah’s witness a blood transfusion if her life is at risk during or after childbirth, a judge has found, despite the girl’s refusal to consent on religious grounds.

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Banksia class action funder avoids extra costs despite ‘ulterior motive’
Class Actions 2018-09-07 10:42 pm By Christine Caulfield

The litigation funder that unsuccessfully sought to block a shareholder from opposing a $64 million class action settlement over the collapse of Banksia Securities is not on the hook for indemnity costs despite bringing the injunction with an ulterior motive.

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Judge trims class action against Commonwealth Bank
Class Actions 2018-09-07 10:19 pm By Miklos Bolza

A judge has struck out part of a class action against the Commonwealth Bank of Australia that alleges it kept investors in the dark about deficiencies in its systems for monitoring money laundering and terrorism financing risks, saying it wasn’t clear what the bank was expected to disclose.

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Bellamy’s wants judge to limit costs of competing class actions
Class Actions 2018-09-07 9:28 pm By Cat Fredenburgh

A year after the Federal Court issued its important ruling on competing class actions and foreshadowed orders prohibiting duplicative legal fees, the company at the centre of the proceedings — organic baby food maker Bellamy’s — has called on the court to make good on its promise about costs.

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Sanitarium, Rebel appeal ruling in $1.4M suit over promotion campaign
Contracts 2018-09-07 4:58 pm By Miklos Bolza

Cereal giant Sanitarium and retailer Rebel Sports are challenging a decision dismissing proceedings against a UK marketing company amid a contractual dispute over a recent joint promotional campaign.

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VisionSearch takes final shot at ObjectiVision’s ‘limited’ case
Intellectual Property 2018-09-06 10:58 pm By Miklos Bolza

ObjectiVision has presented a “limited” and “debatable” case that its source code for a glaucoma testing device was copied, the Federal Court heard Thursday as the trial in a four-year spat with the University of Sydney over IP rights came to a close.

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McMillan Shakespeare unit hit with class action over car warranties
Baker McKenzie 2018-09-06 10:15 pm By Christine Caulfield

A subsidiary of car leasing company McMillan Shakespeare faces a class action over vehicle warranties that gave the company “complete and unfettered” discretion to reject claims by customers.

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Motorola says Hytera misled court, wins discovery request
Intellectual Property 2018-09-06 8:34 pm By Miklos Bolza

Motorola Solutions says Hytera Communications misled the Federal Court about key decision makers involved in the development of radio products which it claims infringe three of its patents.

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