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‘More is more’ approach to pleadings an increasing problem, lawyers say
Analysis 2023-07-05 11:28 pm By Cindy Cameronne

A Federal Court judge who recently ordered new pleadings in a copyright case against CoreLogic is the latest judge fed up with plaintiffs pleading innumerable alternatives that waste court resources, add to the length of trials and extend the wait time for judgments.

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AFP can’t get first impression trial in childcare operators’ defamation case
David Gilbertson 2023-07-05 5:25 pm By Gareth Baker

A judge has knocked back a bid by the Australian Federal Police to have an upcoming trial over an allegedly defamatory press conference run on a stripped-back ‘first impression’ basis.

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Irritated judge pushes off 2nd junior doctors class action trial
Class Actions 2023-07-05 4:35 pm By Sam Matthews

A judge has adjourned a trial in a case brought by junior doctors seeking to recoup alleged unpaid overtime, despite noting his annoyance over the applicants’ “180 degree turn” on the question of whether the hearing should await delivery of judgment in a related case.

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Covidien, TFS pelvic mesh class action settles with remaining defendants
AJB Stevens 2023-07-05 3:59 pm By Christine Caulfield

A class action over pelvic mesh products supplied by device makers Covidien and TFS has reached a global resolution with the manufacturers and their insurers which brings the recovery total in settled mesh class action close to $450 million.

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Corrs drops client in Peloton trade mark case after fee dispute, court told
Angela McDonald 2023-07-05 1:42 pm By Gareth Baker

Law firm Corrs Chambers Westgarth has ceased acting for Mad Dogg Athletics in its defence against a trade mark lawsuit by Peloton Interactive, one of 27 proceedings the California fitness company is facing across five countries, a court has heard.

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AMP financial advisers win class action over BOLR policy changes
Class Actions 2023-07-05 11:08 am By Cindy Cameronne

The lead applicant in a class action against AMP Financial Planning on behalf of 542 advisers has won $813,000 in damages after a judge found it could not retreat from a promise to buy back adviser businesses at four times their revenue. 

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Lundbeck’s decade-long damages bid against Sandoz stayed despite High Court win
Christian Dimitriadis 2023-07-04 11:39 pm By Cindy Cameronne

Novartis unit Sandoz has won its bid to stay a case by rival Lundbeck, including orders for damages previously calculated at $26.3 million and counting, despite having succeeded at the High Court in a dispute over its patent for blockbuster antidepressant Lexapro.

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Peru sour after failed bid to trade mark pisco
Andrew Fox 2023-07-04 5:07 pm By Gareth Baker

The government of Peru has appealed a ruling that rejected its bid to trade mark the alcoholic spirit pisco, after an IP Australia delegate found Aussie consumers think of more than Peruvian pisco when they see the name.

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Ralan liquidators win OK to pursue sales agent, ATO in $18M litigation
Construction 2023-07-04 5:03 pm By Sam Matthews

The liquidators of construction giant Ralan have been given the go-ahead to pursue a former sales manager and his wife as well as the ATO with claims worth over $18 million, with a judge finding the collapsed company operated “a type of Ponzi scheme”.

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Pre-case discovery not for determining recovery prospects, judge says in $350M Probuild spat
Allens 2023-07-04 4:19 pm By Sam Matthews

A judge has found that preliminary discovery does not extend to information about the likely recovery of a claim, rejecting an argument that the relevant rule allows prospective plaintiffs to test whether litigation will be “worthwhile”.

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