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Sacked HWL lawyer’s defence of client criticisms an ‘untenable stretch,’ court hears
Employment 2018-12-05 10:09 pm By Miklos Bolza

Former HWL Ebsworth special counsel Dr Gary Rumble’s insistence that he believed he had carte blanche to criticise one of the law firm’s clients is an “untenable stretch,” the Federal Court heard Wednesday.

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ACCC takes internet provider Activ8me to court for false advertising
Competition & Consumer Protection 2018-12-05 1:42 pm By Christine Caulfield

Internet provider Activ8me is in hot water with the consumer regulator for a second time this year, facing court action over allegedly false and misleading claims about the cost, speed and data limits of its internet packages.

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B. Braun launches appeal in IV catheter patent case
Intellectual Property 2018-12-05 12:23 pm By Christine Caulfield

Medical device maker B. Braun Melsungen is appealing a ruling that invalidated its intravenous catheter patents and dismissed allegations of infringement against rival Becton Dickinson.

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Trade mark reputation not a factor in deceptively similar cases: Full Court
Intellectual Property 2018-12-04 8:43 pm By Miklos Bolza

A judge applied the “wrong test” when he considered the reputation of a trade mark in an infringement case alleging the marks of rival meat processors were deceptively similar, a Full Federal Court has found.

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Wyeth slams Merck Sharp & Dohme’s ‘baseless’ invalidity claim in vaccine trial
Intellectual Property 2018-12-04 3:44 pm By Miklos Bolza

Pharmaceutical giant Wyeth has accused Merck Sharp & Dohme of a “baseless” patent invalidity case, saying on the second day of trial over the world’s best selling vaccine that the development of its patented Prevnar 13 pneumococcal shot was anything but obvious, as its rival contends.

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Class action over botched breast surgery survives declassing bid
Class Actions 2018-12-04 3:15 pm By Christine Caulfield

A chain of cosmetic surgery clinics has lost its fight to have a class action of over 200 patients allegedly injured by botched breast augmentation surgery discontinued as a representative proceeding.

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ACCC takes TPG to court over $20 plan ‘prepayment’
Competition & Consumer Protection 2018-12-04 2:07 pm By Cat Fredenburgh

Telecommunications provider TPG Internet is facing allegations from the ACCC that it violated the consumer law by charging customers a $20 “prepayment” to cover costs for services not included in their plans.

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Queensland flood class can add evidence after ‘trial by ambush’
Class Actions 2018-12-04 1:37 pm By Cat Fredenburgh

A judge overseeing the marathon hearing in the class action over the 2011 Queensland floods has allowed the lead applicant to submit further evidence after it claimed defendant Seqwater engaged in “trial by ambush”.

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CBA open to consolidation of dual class actions
Class Actions 2018-12-04 12:11 pm By Miklos Bolza

The Commonwealth Bank of Australia is open to a proposal to consolidate two shareholder class actions filed over alleged breaches of anti-money laundering and counter-terrorism laws, but will address any “devil in the details”, a lawyer for the bank told a court Tuesday.

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Ernst & Young says previous Quintis auditor should share any blame
Class Actions 2018-12-03 11:08 pm By Christine Caulfield

Accounting giant Ernst & Young, which is accused in a class action of misleading and deceptive conduct in signing off on the 2015 and 2016 financial reports of sandalwood producer Quintis, has named the company’s previous auditor as partly to blame in any finding of liability.

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