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Contingency fee order in Arrium class action would remain in force in NSW, AG tells High Court
Class Actions 2024-06-20 11:55 pm By Sam Matthews

The NSW Supreme Court would have the power to deal with a contingency fee order made in a class action against KPMG if the accounting firm won its application to move the case from Victoria, making the existence of the order a neutral factor in the transfer bid, the federal Attorney-General has told the High Court.  

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EnergyAustralia to amend defence as date set for greenwashing trial over carbon neutral claims
Energy & Natural Resources 2024-06-19 2:24 pm By Christine Caulfield

Trial has been set for next May in a case by Australian parents that accuses EnergyAustralia of engaging in misleading conduct in promoting a “carbon neutral” program, a case that puts carbon offset credits under scrutiny.

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High Court challenge lodged over mega coal mine extensions in NSW
Energy & Natural Resources 2024-06-14 11:39 pm By Cindy Cameronne

An environment advocacy group is seeking special leave from the High Court to appeal a decision that allowed the extension of two Mach Energy and Whitehaven Coal mega coal mines in NSW, saying courts have “enfeebled” environmental legislation.

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Judge mulls joint trial of ACMA case, class action against Optus
Privacy & Cybersecurity 2024-06-14 3:35 pm By Sam Matthews

A judge overseeing several cases against Optus over a September 2022 data breach has raised the possibility of hearing a class action against the telco alongside new proceedings brought by the Australian Communications and Media Authority.

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eSafety Commissioner to drop court case against X over stabbing footage
X Corp 2024-06-05 1:14 pm By Christine Caulfield

The online safety watchdog has dropped her Federal Court action seeking to force X to put a worldwide block on graphic footage of the April stabbing of a religious leader at Wakeley, following a judge’s decision not to maintain an injunction against the social media platform.

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Pfizer calls out ‘impermissible fishing expedition’ in fight over Enbrel biosimilar
Intellectual Property 2024-06-05 10:17 pm By Andy Sidler

Drug giant Pfizer has blasted Samsung Bioepis’ “fishing expedition” in its suit alleging infringement of the patent for its blockbuster arthritis drug Enbrel, telling the court the Korean biotech should not be allowed to dig for new grounds of invalidity.  

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Judge gives vent to class action pet peeves in approving $1M Axsesstoday settlement
Class Actions 2024-05-30 11:11 pm By Sam Matthews

Approving a settlement between insurers and group members in an investor class action against lender Axsesstoday, a judge has aired his frustration with expansive confidentiality provisions and deeds that “misapprehend the nature of the court’s role” in dealing with group members’ claims. 

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McDonald’s says it can set off claims in class action over unpaid pre-shift work
Employment 2024-05-30 11:41 pm By Cindy Cameronne

McDonald’s has hit back at a class action over alleged unpaid work done by managers before and after shifts, saying it paid more than the minimum entitlements and is entitled to set off those payments against claims for compensation. 

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Otsuka defends validity of injectable Abilify patent, accuses Sun Pharma of infringement
Intellectual Property 2024-05-30 2:19 pm By Sam Matthews

Otsuka Pharmaceutical has hit back at suit filed by Indian generics company Sun Pharma seeking to invalidate its patent for blockbuster antipsychotic Abilify, filing a cross-claim seeking to restrain Sun Pharma from infringing the patent with a generic version of the drug.

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Noumi, ASIC fight ruling that privilege over PwC report waived during probe
Appeals 2024-05-28 11:27 pm By Cat Fredenburgh

Noumi and ASIC are challenging a finding that the food manufacturer waived legal professional privilege over a PricewaterhouseCoopers report commissioned by its lawyers at Ashurst by disclosing the report during an ASIC investigation.

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