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Law firms lay down swords in Mesoblast shareholder class actions
Class Actions 2022-08-24 1:54 pm By Cat Fredenburgh

Two law firms that filed competing class actions against regenerative medicine company Mesoblast for allegedly misleading shareholders about its Remestemcel-L treatment for COVID-19 complications have agreed to join forces and sidestep a beauty parade.

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Forum Finance judge recuses himself after questioning director’s credibility
Legal Ethics 2022-08-19 9:51 pm By Cindy Cameronne

A Federal Court judge has recused himself from hearing a fraud trial against Forum Finance, after expressing that he had an “unfavourable” impression of director Vince Tesoriero’s reliability as a witness.

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FWC throws out finding that Deliveroo driver an employee
Employment 2022-08-17 3:29 pm By Cindy Cameronne

The Full Bench of the Fair Work Commission has begrudgingly overturned a ruling that found a Deliveroo driver who was axed for not working fast enough was an employee, saying a recent High Court judgment required it to “close our eyes” to the reality of gig economy work.

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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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Ex-Amobee boss who hid affair with underling can sue for disability discrimination by association
Human Rights 2022-08-03 5:56 pm By Sam Matthews

A former managing director of adtech company Amobee can proceed with a complaint of disability discrimination by association, after he was fired for failing to disclose a relationship with an employee who suffered from post-traumatic stress disorder after a sexual assault by a senior executive.

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Drug companies drop bid for ACCC approval of Revlimid patent settlement
Competition & Consumer Protection 2022-07-29 11:44 am By Cat Fredenburgh

Bristol-Myers Squibb unit Celgene and two generic drug makers have withdrawn an application for ACCC approval of a patent settlement that would have allowed for an early launch of a generic version of blockbuster cancer drug Revlimid.

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Forum Finance director to get $1.25M for legal funds, despite ‘Byzantine’ financials
Financial Services 2022-07-20 10:35 am By Sam Matthews

Bill Papas’ business partner Vince Tesoriero has won the release of $1.25 million to pay for his legal fees in Westpac’s fraud case against him, despite a judge’s finding that disclosure concerning his true financial position was “less than ideal” and included “staggering” discrepancies.

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Funder wants $13.2M commission from confidential Opal Tower class action settlement
Construction 2022-07-20 1:06 pm By Christine Caulfield

Although the settlement sum has not been disclosed, court documents in the Opal Tower class action reveal the litigation funder backing the case will seek $13.2 million in commission when the parties appear before the court later this year.

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Ben Roberts-Smith witnesses had ‘powerful motive to lie’, Fairfax says
Defamation 2022-07-19 8:25 pm By Cindy Cameronne

Soldiers who took the stand for Ben Roberts-Smith in his defamation case against Fairfax colluded on the evidence they gave of key events, counsel for Fairfax has told a judge as a long-running trial comes to a close.

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