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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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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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Email with paraphrased legal advice privileged, FWC finds in union’s multi-employer deal row
Energy & Natural Resources 2024-05-30 11:35 pm By Andy Sidler

The Fair Work Commission has found in favour of a union in its bid to keep an email containing legal advice confidential amid a stoush with Peabody Energy and other mining companies over a proposed multi-enterprise agreement. 

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Successful discrimination suit against fintechs could shift ‘debanking’ trend
Financial Services 2024-05-30 11:54 pm By Andy Sidler

A Melbourne sex worker has discontinued his discrimination claim against two financial service providers that denied him an EFTPOS machine, on the proviso that the companies will not refuse services to customers engaged in lawful sex work. 

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Rio Tinto faces class action probe for alleged harassment, discrimination at mine sites
Class Actions 2024-05-29 12:05 am By Christine Caulfield

Mining giant Rio Tinto faces a potential class action over allegations of sex discrimination and sexual harassment at mine sites in Australia, following a report that made “disturbing” findings about the company’s workplace culture.

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Honda’s abandonment of dealership model not unconscionable, judge finds
Competition & Consumer Protection 2024-05-29 11:17 pm By Sam Matthews

A Melbourne car dealer has largely lost a consumer law case against Honda Australia over its decision to abandon a dealership model, but is set to receive compensation for over 2,600 new vehicles it could have sold if Honda hadn’t ended its five-year contract early.

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PwC, former acting CEO sued for defamation by ousted partner
Tax 2024-05-29 11:24 pm By Christine Caulfield

A former PricewaterhouseCoopers partner has brought defamation proceedings over public statements he alleges falsely linked him to the tax leaks scandal that rocked the professional services firm last year.

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Investor Nicholas Bolton fights $300,000 legal bill from Atanaskovic Hartnell
Business of Law 2024-05-29 11:33 pm By Cindy Cameronne

Law firm Atanaskovic Hartnell has argued that its alleged failure to provide updated fee estimates while acting for a company associated with investor Nicholas Bolton did not mean he is immune from paying fair and reasonable legal fees assessed at $308,940. 

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Law firm loses challenge to Glaxo’s term extension for COPD patent
Intellectual Property 2024-05-29 10:05 pm By Cindy Cameronne

Drug giant Glaxo has succeeded in extending the term for a patent for a drug that treats chronic obstructive pulmonary disease and asthma, with a delegate rejecting arguments from law firm Banki Haddock Fiora that the application was incorrectly based on a patent that was no longer valid because of amendments.

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