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Further pain for AFT as court finds new Maxigesic ads misleading
Competition & Consumer Protection 2020-08-04 4:18 pm By Miklos Bolza

AFT Pharmaceuticals has suffered another blow over its Maxigesic advertisements, with a judge finding the marketing material misled consumers by claiming to provide better, faster and more effective pain relief than paracetamol or ibuprofen.

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Sandoz wins appeal of $26.3M infringement ruling in IP battle over Lexapro
Intellectual Property 2020-08-04 3:05 pm By Miklos Bolza

Generic drug maker Sandoz has successfully appealed a $26.3 million judgment finding it infringed a patent owned by rival H Lundbeck relating to the top-selling antidepressant Lexapro.

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Fundraiser Appco settles ‘sham’ contracting class action
Class Actions 2020-08-04 11:48 am By Miklos Bolza

Fundraising company Appco has reached a settlement to resolve a class action alleging it misclassified its army of sales people as independent contractors.

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Top silk abandons defence, expresses ‘very deep regret’ over conduct in Banksia class action
Class Actions 2020-08-03 6:02 pm By Miklos Bolza

Barrister Norman O’Bryan SC has abandoned his defence of misconduct allegations stemming from the Banksia Securities class action and expressed contrition to the court for his actions.

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Media companies can file evidence of another alleged murder in Roberts-Smith defamation case
Defamation 2020-08-03 2:27 pm By Alison Eveleigh

Media companies that are fighting defamation proceedings over articles that accused decorated war veteran Ben Roberts-Smith of war crimes have won court permission to amend their defence to include evidence the soldier was involved in another alleged murder.

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Gilbert + Tobin faces appeal by Sydney businessman Charif Kazal
Appeals 2020-08-03 1:09 pm By Cat Fredenburgh

Sydney businessmen Charif and Tarek Kazal have appealed a ruling that found their claims against Gilbert + Tobin over an alleged dishonest scheme to rob them of a 50 per cent stake in a lucrative Sydney waste facility were “fundamentally incoherent”.

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Lawyers say judge has power to close class action with tweak to group member definition
Class Actions 2020-07-31 10:35 pm By Alison Eveleigh

Lawyers running a class action against recycling company Sims Metal Management say the court has power to approve their bid to amend the group member definition that will effectively close the class, but the judge overseeing the case will appoint a contradictor to represent group members in a hearing over the application.

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Maurice Blackburn escapes discrimination case by former client
Employment 2020-07-31 10:01 pm By Alison Eveleigh

A judge has shut down a former Qantas customer service manager’s bid to pursue a disability discrimination case against Maurice Blackburn alleging the law firm put pressure on her to settle her workers compensation case against the airline.

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ASIC scores ‘narrow’ win in case against ex-Tennis Australia director
ASIC 2020-07-31 12:43 pm By Miklos Bolza

A judge has handed ASIC a “narrow” win in its action against former Tennis Australia director Harold Mitchell, tossing most of the regulator’s case and accusing it of “confirmatory bias”.

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Judge questions whether Banksia class action lawyers should be struck off roll
Class Actions 2020-07-30 9:11 pm By Alison Eveleigh

The judge overseeing a trial over legal fees and funding commission in the Banksia Securities class action has questioned whether the lawyers behind the case should remain on the roll of practitioners if allegations of misconduct aired in the hearing so far — which include billing for phantom costs — are made out.

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