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Court consolidates toxic foam class action trials
Class Actions 2018-10-11 9:49 am By Cat Fredenburgh

Three class actions filed against the Commonwealth of Australia over allegedly toxic foam from government military bases will be heard together.

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Viterra must pay Cargill’s costs for ‘pointless’ High Court appeal
Appeals 2018-10-09 4:23 pm By Cat Fredenburgh

Viterra has been hit with costs for persisting with a special leave application to the High Court seeking to compel Cargill to turn over emails exchanged with its lawyers at Allens during the sale of its Joe White Maltings business, even after Cargill agreed to waive privilege and produced the documents.

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ANZ says prosecutors dragging feet in criminal cartel case
Competition & Consumer Protection 2018-10-09 1:29 pm By Miklos Bolza

The Australia and New Zealand Banking Group told the court on Tuesday that it urgently needs a statement of facts, during the first hearing in the highly anticipated criminal cartel case against three investment banks.

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Closely watched criminal cartel case against banks gets underway
Competition & Consumer Protection 2018-10-08 12:14 pm By Cat Fredenburgh

The stakes will be high for both sides when some of the country’s top competition lawyers face off against the ACCC Tuesday in the first hearing in a closely watched criminal cartel case against three investment banks over a $2.5 billion ANZ institutional share placement.

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Fisher & Paykel loses opposition to breathing apparatus patent
Intellectual Property 2018-10-05 5:36 pm By Miklos Bolza

The Australian Patent Office has thrown out Fisher & Paykel Healthcare’s opposition to a patent for a gas supply apparatus used to treat respiratory conditions owned by California-based medical equipment manufacturer, ResMed.

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‘I just don’t get it’: judge questions Sandoz cross claim in Lexapro patent case
Intellectual Property 2018-10-02 9:25 pm By Miklos Bolza

A Federal Court judge has expressed her disbelief at a cross claim by generic drug maker Sandoz against Danish multinational H Lundbeck, as the court begins to weigh arguments over damages owed to Lundbeck in the long-running patent case over its blockbuster anti-depressant Lexapro.

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Telstra customers get $9.3M back for misleading billing practices
Competition & Consumer Protection 2018-09-28 11:31 pm By Cat Fredenburgh

Telstra customers that were billed for mobile phone apps they unwittingly bought have been refunded $9.3 million, several months after the company was hit with a $10 million penalty for the misleading conduct.

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Vendors can’t probe claims against auction house Mossgreen
Restructuring & Insolvency 2018-09-24 2:58 pm By Miklos Bolza

A Federal Court judge has shot down an eleventh hour bid by unpaid vendors of collapsed auction house Mossgreen for discovery to see if they have a claim against the company, including a possible class action claim.

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Settlement talks can’t be admitted as evidence in Cargill, Viterra trial
Trials 2018-09-21 4:00 pm By Cat Fredenburgh

A judge in the high-stakes trial over the $420 million sale of Viterra’s Joe White malt business to Cargill has denied Cargill’s request to have settlement talks admitted as evidence, shooting down the agricultural giant’s argument that the talks were needed to challenge Glencore in-house counsel’s assertion that he is of good character and will not breach a confidentiality agreement.

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Glencore in-house counsel wins Cargill deal docs to mull settlement
Trials 2018-09-18 1:27 pm By Cat Fredenburgh

In-house counsel at Glencore has been granted access to “highly confidential” documents related to the possible sale by Cargill of its Joe White malt business so that he can mull a settlement offer.

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