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Landmark class closure judgments ‘plainly wrong,’ appeals court told
Class Actions 2022-02-25 10:29 pm By Miklos Bolza

Judgments shooting down a class closure order and nixing notice of a possible class closure order were “plainly wrong” and “infected” by faulty reasoning, the Full Federal Court has heard.

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Ford class action parties battle over potential appeal blowout
Class Actions 2022-02-25 3:19 pm By Christine Caulfield

An appeal in a class action over Ford’s alleged defective Powershift transmission could blow out by a week, with the applicant filing a cross appeal in a case that comes down to three provisions of the Australian Consumer law given little or no attention by the Full Court.

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‘Wolf trader’ can wait until ASIC shows its cards, judge says
Financial Services 2022-02-25 3:32 pm By Bianca Hrovat

The self-declared “wolf trader” of the Gold Coast, Tyson Scholz, will not have to provide a concise statement in response to the Australian Securities and Investments Commission’s case accusing him of providing unlicensed financial services, a judge has ruled.

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Celgene drops patent suit against Dr Reddy’s over Revlimid generic
Intellectual Property 2022-02-25 11:15 am By Cat Fredenburgh

Bristol-Myers Squibb unit Celgene has dropped a lawsuit accusing Indian generics company Dr Reddy’s Laboraties of threatening to infringe its patent for Revlimid with the planned launch of a generic version of the blockbuster cancer drug in Australia.

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eSense directors cop $190,000 penalty over defamatory letters, ASX statements
Defamation 2022-02-25 10:38 pm By Bianca Hrovat

The former directors of an Isreali life sciences company have been hit with $190,000 in damages after a judge found they maliciously defamed a former colleague in a series of ASX announcements and letters.

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ALP loses challenge to federal takeover ahead of election
Appeals 2022-02-25 9:58 pm By Sam Matthews

Members of the Victorian Labor party and associated unions have lost a bid to overturn a judge’s finding that the pre-selection of ALP candidates in Victorian electorates by federal administrators during their takeover of the state party was lawful.

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Mayfair’s ex-lawyers may fight claim that ‘flagrant incompetence’ led to court loss
Appeals 2022-02-24 7:36 pm By Bianca Hrovat

Former legal representatives of companies in the Mayfair 101 group are considering an application to strike out part of an appeal that alleges their “flagrant incompetence” led to director James Mawhinney copping a 20-year ban on soliciting investor funds.

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GetSwift says stock price drop didn’t prove ‘materiality’ of ASX statements
Securities 2022-02-24 10:22 pm By Sam Matthews

Logistics company GetSwift will argue on appeal that a judge who found the company took a “PR-driven approach” to ASX statements was wrong in his assessment of whether those statements contained material omissions.

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High Court won’t save Lex Greensill from tax on $58M in capital gains
Tax 2022-02-24 2:19 pm By Cat Fredenburgh

The High Court has shot down Greensill founder Lex Greensill’s bid for special leave to challenge a finding that he owes tax on $58 million in capital gains, including income from the sale of shares in the collapsed UK-based supply chain finance company.

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Qantas decision to outsource staff not linked to strike action threat, court told
Employment 2022-02-24 10:22 pm By Miklos Bolza

A decision by Qantas to outsource its ground staff was not timed to head off industrial action by the Transport Workers’ Union, the Full Federal Court has heard as the airline seeks to overturn a finding that it engaged in adverse action when it terminated around 1,800 employees last year.

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