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Court questions GM’s interpretation of settlement in Holden class action
Class Actions 2024-07-22 11:04 pm By Sam Matthews

An appeals court has questioned General Motors’ construction of its settlement with the applicant in a class action on behalf of Holden dealers, as the car maker seeks to overturn a ruling that put it on the hook for the applicant’s full costs.

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Class action against Noumi lays claim to $5M penalty in ASIC case
Securities 2024-07-18 2:04 pm By Sam Matthews

Noumi has agreed to pay a $5 million penalty for violating its continuous disclosure obligations in a case brought by the corporate regulator, but the applicant in a shareholder class action against the food company says the sum should be reserved to compensate group members. 

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Clive Palmer files bid for default judgment against ex-ASIC chair James Shipton
ASIC 2024-07-17 11:08 pm By Cindy Cameronne

Clive Palmer has filed an application for default judgment against the former chair of the Australian Securities and Investments Commission, James Shipton, in his proceedings alleging he acted in bad faith and beyond his power in the regulator’s pursuit of claims.

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Samsung Bioepis’ ‘scattergun approach’ dooms bid for R&D docs in fight over Pfizer’s Enbrel patent
Intellectual Property 2024-06-27 11:54 pm By Andy Sidler

A judge has rejected Samsung Bioepis’ bid to discover research and development documents from Pfizer as it seeks to invalidate the drug giant’s patent for its blockbuster autoimmune drug Enbrel, agreeing with Pfizer that it may be “no more than an exercise in fishing”.

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Callide power station administrators to blame for delays to DOCA, judge says
Energy & Natural Resources 2024-06-18 4:06 pm By Cindy Cameronne

A judge has rejected claims that an investor in the Callide power station, which suffered a major failure in 2021, was responsible for delays in the administration of the station’s operator IG Power, saying the administrators’ ten month delay in investigating the incident was to blame.

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Callide explosion report commissioned by Norton Rose not privileged, court says
Energy & Natural Resources 2024-06-13 11:40 pm By Cindy Cameronne

A report into an explosion at a major Queensland power station that left nearly half a million people without power is not protected by legal professional privilege, with a judge finding public statements about the report show it was not commissioned for the dominant purpose of providing legal advice.

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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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Privilege ruling in Noumi case could hamper ASIC investigations, regulator says
Appeals 2024-05-30 2:47 pm By Cindy Cameronne

ASIC has argued a recent ruling that found Noumi waived privilege over a PwC report by providing it to the regulator could dissuade people from voluntarily disclosing information during investigations and cause a “loss of public benefit” if allowed to stand. 

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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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Hastie liquidators lose appeal bid in $63.5M case against Multiplex, others
Construction 2024-05-27 2:34 pm By Cindy Cameronne

The liquidators of collapsed engineering company Hastie Group have lost their bid to appeal a decision that knocked out half its $120 million case against Multiplex, Lendlease and numerous other builders.

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