IOOF says APRA should be able to state its case after 3-year probe

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A barrister for two units of embattled wealth manager IOOF and three senior company executives facing claims by APRA have criticised the regulator for filing a broad concise statement and no statement of claim after a three-year investigation.

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Teva files challenge to Boehringer inhaler capsule patent

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Generic drug giant Teva has filed a lawsuit seeking to have German pharmaceutical company Boehringer’s patent for an inhalation capsule, which is used to deliver the active drug in its blockbuster Spiriva asthma inhaler, declared invalid.

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NSW Ports pans ACCC for ‘vague’ competition case

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NSW Ports has criticised the Australian Competition and Consumer Commission for expecting the company to file a defence to the regulator’s allegations of anti-competitive conduct from a concise statement it panned as “vague”.

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Appealing GetSwift class action ruling comes at a cost, Full Court says

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The law firms that challenged a ruling staying their cases against GetSwift gave the Full Federal Court a chance to guide judges managing competing class actions, but they can’t avoid paying their opponents’ legal costs because the court happened to seize the opportunity.

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Judge says Zoetis horse vaccine class action fails to connect dots

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A judge has slammed an amended pleading in a class action against Zoetis by horse owners who claim the pharmaceutical company made misleading claims about its Hendra virus drug, saying it presents an “insuperable difficulty”.

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Sanofi denied injunction in injector pen patent dispute

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A judge has denied Sanofi’s bid to block Alphapharm from listing its insulin injector pen on the Pharmaceutical Benefit Scheme, saying Sanofi has not established a strong enough case of infringement to justify granting the injunction.

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GetSwift class notice delayed as law firm told to get ‘house in order’

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A law firm on the losing end of a landmark ruling over competing shareholder class actions against GetSwift has argued that a proposed opt-out notice to group members should wait until after its High Court appeal. And the judge will let the firm make its argument, after hearing that the winning law firm has been, in his words, “sitting on its hands”.

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Lawyerly holiday publishing schedule

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In observance of the Christmas holiday, Lawyerly will be closed from 24 December through 4 January. We will resume regular daily publishing and newsletter distribution on Monday, 7 January. If you have any trouble accessing your Lawyerly account or wish to purchase a subscription during this time, please email subscriptions@lawyerly.com.au.

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Lead applicant socked with costs of Banksia class member’s appeal

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The lead applicant in a class action over the failure of Banksia Securities is on the hook for paying the legal costs of a class member who successfully challenged the funder’s cut of a $64 million settlement in the case.

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As trial looms, who owns ‘Love is in the Air’ copyright up in the air

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The judge overseeing a lawsuit against Air France over the alleged unauthorised use of the song “Love is in the Air” will have to weigh who owns the rights to the disco hit.

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