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Pfizer may seek stay of Merck vaccine patent case
Intellectual Property 2019-08-21 3:53 pm By Miklos Bolza

Global pharmaceutical firm Pfizer is mulling an application to stay a lawsuit by Merck Sharp & Dohme seeking to invalidate a patent related to the blockbuster Prevnar 13 vaccine as it awaits the outcome of similar proceedings in the US.

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Firms to consolidate AMP super class actions, and funders put commission in court’s hands
Class Actions 2019-08-21 3:39 pm By Christine Caulfield

A judge overseeing competing class actions against AMP over allegedly excessive superannuation fees has signed off on an agreement by two rival law firms to consolidate their cases, avoiding a potentially costly and drawn out beauty parade.

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ABC on ‘fishing expedition’ for documents in AFP raid case, judge says
Media 2019-08-20 9:00 pm By Miklos Bolza

The Australian Broadcasting Corporation has lost a bid for the documents behind an Australian Federal Police warrant to search its headquarters, with a Federal Court judge criticising the media organisation for embarking on a “fishing expedition”.

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Original lawyers in BankSA class action want bigger stake of multi-million dollar settlement
Class Actions 2019-08-20 8:46 pm By Amelia Birnie

The original solicitors who stepped down from leading a class action against Westpac unit BankSA amid abuse of process allegations will bring separate proceedings in the Federal Court seeking a bigger slice of the multi-million dollar settlement sum to cover their costs.

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Senior partner denies deliberate delay in trial over rejected $4.45M Westpac settlement
Legal Ethics 2019-08-20 8:45 pm By Miklos Bolza

A senior partner at a Sydney-based law firm has denied he made a “deliberate decision” to withhold advice from a former client suing for alleged breach of duties and conflict of interest over a rejected $4.45 million settlement in an employment dispute with Westpac.

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Media companies challenge landmark defamation ruling over Facebook comments
Defamation 2019-08-20 12:05 pm By Cat Fredenburgh

A group of media companies are appealing a groundbreaking defamation ruling that found they are liable for third-party comments made on their Facebook pages.

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7-Eleven class actions can’t shield witness identity despite ‘real risk’ of reprisal
Class Actions 2019-08-19 8:41 pm By Miklos Bolza

A judge has refused an application to suppress the identity of a franchisee giving evidence in two class actions against 7-Eleven despite the individual’s fears he may lose his franchising licence as retaliation by the global convenience store giant.

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Litigation must not descend into ‘staged trench warfare’, top judge tells ASIC, ANZ
Financial Services 2019-08-16 11:54 pm By Christine Caulfield

The Federal Court’s top judge has urged ASIC and ANZ to continue their “litigation good faith” in the corporate cop’s action over $35 million in allegedly illegal customer fees charged by the bank, and cautioned the two sides against slogging it out with a “staged trench warfare” mentality.

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Responsible lending class action against Westpac paused after ASIC loss
Class Actions 2019-08-16 10:10 pm By Christine Caulfield

After defeating the corporate regulator’s case alleging it breached responsible lending laws, banking giant Westpac has won a reprieve from lodging a defence in a related class action.

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‘This pleading is a mess’: Judge slams liquidators’ case against Forge directors and auditors
Restructuring & Insolvency 2019-08-16 4:11 pm By Amelia Birnie

A judge has sent insolvency firm Ferrier Hodgson back to the drawing board to redraft its pleadings against the former directors and auditors of collapsed construction company Forge Group, warning that the overlapping actions were at risk of becoming an “unrideable bull”.

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