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No secret lawyers brought on for privilege ‘shield’, says judge in Pacific National crash doc stoush
Transportation & Infrastructure 2022-08-05 11:50 pm By Sam Matthews

A judge has ordered Pacific National to hand over safety management system documents in a privilege fight over a deadly 2019 train crash, observing large organisations often bring on lawyers for a privilege “shield”.

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EY settlement in class action over Slater & Gordon audits approved
Securities 2022-08-05 2:05 pm By Cindy Cameronne

A judge has blessed Ernst & Young’s settlement with shareholders in a class action alleging the firm, along with Pitcher Partners, approved an overly rosy year-end financial report related to Slater & Gordon’s disastrous $1.2 billion acquisition of UK business Quindell.

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Silk warned by judge not to get ‘carried away’ in defamation case by bank boss Peter Schiff
Defamation 2022-08-04 11:56 pm By Sam Matthews

A judge has cautioned senior barrister Sue Chrysanthou over her colourful description of a 60 Minutes episode at the heart of Euro Pacific Bank boss Peter Schiff’s defamation case against Nine, urging the silk to “be careful”.

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Mercedes-Benz can’t access chats with Labor senator in $650M dealer suit
Competition & Consumer Protection 2022-08-04 11:29 pm By Cindy Cameronne

Mercedes can’t access communications between Australia’s peak body for car dealers and a Labor senator to use in its defence of a $650 million lawsuit over its decision to move to a fixed-price agency model.

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Samsung Bioepis sues Fresenius Kabi over patent for generic Humira
Intellectual Property 2022-08-04 11:12 pm By Sam Matthews

Samsung Bioepis Australia has sued fellow biotechnology company Fresenius Kabi over a biosimilar of top selling immunosuppressant drug Humira, saying the invention ‘does not achieve the promise’ of a better formulation using fewer ingredients.

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Dye & Durham offers to shed Aussie business in $2.9B bid for Link Group
Corporate 2022-08-04 1:58 pm By Cat Fredenburgh

Canada-based software company Dye & Durham has offered to divest its Australian business to win the ACCC’s blessing for its proposed $2.9 billion acquisition of technology services provider Link Group.

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Mercedes bullied car dealers, called them ‘baby piglets’, court told
Trials 2022-08-03 11:40 pm By Cindy Cameronne

Officials at the Mercedes-Benz Australia head office referred to car dealers as “baby piglets” in internal communications and threatened and bullied the retailers, a trial court has been told in a $650 million lawsuit over the car maker’s decision to move to a fixed-price agency model.

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Judge blasts ‘horrendously inefficient’ fight in developer’s lawsuit against Zurich
Insurance 2022-08-03 1:22 pm By Cindy Cameronne

A judge has given a “judicial harrumph” to Sydney developer FKP Commercial Developments and Irish insurer Zurich Insurance in a dispute over coverage for an apartment defects suit, saying it was not for the court to “trawl” through an insurance policy to work out its meaning. 

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Telstra to shut down sites amid ACCC concerns about Optus 5G rollout
Competition & Consumer Protection 2022-08-03 11:11 pm By Cat Fredenburgh

Telstra has agreed to deregister 162 radiocommunications sites after the ACCC expressed concerns the acquisition could stymie competition by hampering the rollout of Optus’ 5G network.

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Lawyer sues over articles on dropped David Jones fraud charges
Defamation 2022-08-03 11:07 pm By Sam Matthews

A Sydney lawyer has sued the owners of three websites which allegedly published defamatory articles accusing her of trying to defraud $16,000 from David Jones, claiming her employment prospects have been damaged.

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