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‘Solicitors love them’: Judge rails against discovery ‘tsunami’ in class actions
Class Actions 2020-10-15 11:47 am By Miklos Bolza

The judge overseeing a class action against Westpac over superannuation fees has criticised costly discovery processes that produce a “tsunami of material”, most of which is never used at trial.

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Qantas appeals court’s finding that it misapplied JobKeeper
Appeals 2020-10-15 11:27 am By Cat Fredenburgh

Qantas Airways will challenge a court’s finding that it incorrectly applied the JobKeeper scheme and underpaid its staff.

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Daily Mail says Erin Molan has history of ‘objectively racist’ conduct
Defamation 2020-10-14 12:31 pm By Cat Fredenburgh

The Daily Mail has fired back at a defamation lawsuit by sports broadcaster Erin Molan alleging its coverage of a remark she made during Nine’s Continuous Call radio program implied she was a racist, telling the court that Molan has a history of “objectively racist” conduct on air. 

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Nine loses appeal of $3.7M defamation award over 60 Minutes floods report
Defamation 2020-10-13 5:16 pm By Miklos Bolza

The Nine Network has lost its challenge to a $3.7 million defamation judgment awarded to a prominent Queensland family over a 60 Minutes report that implied they were to blame for a 2011 flood event that killed 12 people.

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Boehringer appeals win for Merck in parasite patent spat
Intellectual Property 2020-10-13 12:00 pm By Cat Fredenburgh

Pharmaceutical company Boehringer Ingelheim will take another crack at opposing a patent application for an injectable anti-parasite drug for livestock by a subsidiary of competitor Merck Sharp & Dohme.

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VW escapes ASIC responsible lending case with $4.7M remediation promise
Financial Services 2020-10-12 4:08 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has settled its responsible lending case against Volkswagen’s financial services unit with an undertaking from the car financier to repay customers $4.7 million.

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AMP hits back at class action, says buy-out policy changes needed to avoid ‘BOLR run’
AMP 2020-10-12 2:13 pm By Christine Caulfield

Changes to AMP’s buyer of last resort policy that reduced the multiple by which the wealth management firm would purchase advisers’ client registers was necessary to protect the business from a ‘BOLR run’, a court had been told.

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Merck Sharp & Dohme drops lawsuit over Januvia patent
Intellectual Property 2020-10-09 2:25 pm By Cat Fredenburgh

Merck Sharp & Dohme has dropped a lawsuit brought against a unit of Indian generic manufacturer Lupin for allegedly threatening to infringe the patent for its multibillion-dollar diabetes drugs Januvia and Janumet.

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AFR’s Joe Aston wrote ‘nasty’ text messages about Elaine Stead, court told
Defamation 2020-10-08 10:13 pm By Christine Caulfield

Australian Financial Review columnist Joe Aston sent “very nasty” text messages about venture capitalist Elaine Stead, and any in-person mediation ahead of Stead’s defamation trial is unlikely to be worthwhile given the animosity between the pair, a court has been told.

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GetSwift faces scrutiny over shareholder disclosures ahead of planned Canada move
Corporate 2020-10-08 7:06 pm By Christine Caulfield

ASIC and the applicant in a class action against GetSwift have intervened in an application by the logistics provider to relocate its headquarters to Canada, aiming to ensure shareholders are aware of the potential outcomes of the regulator’s enforcement action, which include banning orders against directors Bane Hunter and Joel Macdonald.

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