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ACCC loses appeal in Pfizer misuse of market power case
Competition & Consumer Protection 2018-05-25 3:05 pm By Christine Caulfield

In a major loss for the ACCC, the Full Federal Court on Friday tossed the competition regulator’s challenge to a ruling that drug giant Pfizer did not misuse its market power in the months leading up to the expiration of the patent for its blockbuster cholesterol drug Lipitor.

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TWU can’t stall $270k penalty for lax record keeping
Employment 2018-05-21 11:46 pm By Cat Fredenburgh

The Transport Workers Union has lost its bid for a stay of a court order that it pay a $270,000 penalty for allegedly keeping almost 21,000 lapsed members on its register and failing to keep copies of records. 

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Blockbuster loses appeal over franchisee’s unauthorised sale
Franchises 2018-05-18 9:28 pm By Christine Caulfield

Blockbuster has struck out in its challenge to a ruling that it could not recover a cent from a husband and wife franchisee after the pair sold the store’s assets without consent and admitted to breaching the franchise agreement.

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High Court grants ASIC leave to appeal Prime Trust case
Appeals 2018-05-18 9:01 pm By Christine Caulfield

The Australian Securities and Investments Commission has won leave to appeal to the High Court a ruling that threw out its case against former directors of collapsed retirement village owner Prime Trust. 

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Aerocare loses Federal Court appeal over workplace agreement
Employment 2018-05-16 3:52 pm By Christine Caulfield

The Full Federal Court on Tuesday dismissed an appeal by aviation services company Aerocare of a ruling rejecting an enterprise agreement the Transport Workers Union called “substandard”.

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Judge shoots down Optus challenge to Optum trade mark
Intellectual Property 2018-05-11 9:47 pm By Christine Caulfield

Telecom giant Optus has come up short in a Federal Court challenge to trademark registration for health services company Optum, with a judge saying the two company’s marks — despite the difference of just one letter — were distinct enough.

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GSK loses patent infringement appeal over slow-release Panadol
Intellectual Property 2018-05-11 9:32 pm By Christine Caulfield

A full bench of the Federal Court has dismissed an appeal by drug giant GlaxoSmithKline in a patent infringement case it brought over planned generic versions of its sustained-release Panadol.

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Secret side deal in class action holds up $19.25M settlement
Class Actions 2018-05-10 8:27 pm By Miklos Bolza

A “secret” side agreement between the lead applicant in a shareholder class action and a litigation funder is at the centre of a dispute in the Federal Court that is delaying distribution of a $19 million settlement in the case.

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Clerical error that gave trade marks to rival must be fixed, court hears
Intellectual Property 2018-05-08 9:14 pm By Miklos Bolza

A 17-year-old error that removed industrial filter manufacturer Vokes as the registered owner of its trade marks was at the centre of a Federal Court appeal hearing Tuesday over the extent of a Registrar’s discretion to correct mistakes.

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Heinz appeals ruling over sugary kids snacks
Competition & Consumer Protection 2018-05-02 2:28 pm By Cat Fredenburgh

H.J. Heinz Company Australia Ltd has filed an appeal after a Federal Court found it made misleading claims about the health benefits of its Little Kids Shredz products.

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