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Judge slams NRMA’s ‘intrusion’ on industrial jurisdiction with consumer suit
Article 2019-09-12 1:58 pm By Amelia Birnie

A judge has thrown out the NRMA’s consumer case against the maritime union over its Sydney fast ferry campaign, ruling that a verdict in favour of the motoring body would have brought the “the entire field of industrial relations within the operation of consumer legislation”.

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Judge ‘flummoxed’ about why 200 pelvic mesh cases are not a class action
AJB Stevens 2019-09-12 1:20 pm By Miklos Bolza

A Federal Court judge has expressed disbelief that hundreds of lawsuits are being pursued over allegedly defective  pelvic mesh, saying he was “absolutely flummoxed” as to why the law firm leading them hadn’t considered filing a class action.

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Twin Quintis class actions squabble about ‘overly complicated’ case
Alexander Edwards 2019-09-11 10:00 pm By Amelia Birnie

The plaintiffs in one of two shareholder class actions brought against troubled sandalwood producer Quintis have complained about potential delays that could result from the “overly complicated loss theory” being advanced in a parallel class action.

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TPG’s media-shy boss David Teoh fronts court in battle with ACCC over Vodafone merger
Allens 2019-09-11 9:45 pm By Christine Caulfield

The reclusive head of TPG Telecom, David Teoh, faced the spotlight on Wednesday to give evidence in a case over the company’s planned $15 billion merger with Vodafone, telling a court under questioning that his company had not budgeted for a 5G network when it first made plans to enter the retail mobile network market.

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Otsuka changes tack in Abilify patent case after landmark Wyeth ruling
Allens 2019-09-11 8:49 pm By Miklos Bolza

Otsuka Pharmaceuticals and Bristol Myers-Squibb are seeking to withdraw admissions in patent litigation against Generic Health over anti-psychotic drug Abilify, following a landmark ruling last year against Wyeth that clarified the issue of compensation under the usual undertaking for damages in pharmaceutical patent cases.

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Vietnamese mining firm drops $132M arbitration award dispute with WorleyParsons unit
Arbitration 2019-09-11 1:35 pm By Miklos Bolza

The operator of a Vietnamese mine has dropped its Federal Court proceedings against WorleyParsons subsidiary Jacobs E&C over the enforcement of a $132 million arbitration award.

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ASIC to challenge ‘uncertainty’ of Westpac responsible lending decision
Appeals 2019-09-10 9:07 pm By Amelia Birnie

The Australian Securities and Investments Commission has filed an appeal against the Federal Court’s responsible lending ruling in favour of Westpac, arguing the decision had created uncertainty around the obligations of credit providers.

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Corporate cop looks to bolster Rio Tinto case with US evidence from PwC witness
Allen & Overy 2019-09-10 4:38 pm By Miklos Bolza

The Australian Securities and Investments Commission is seeking evidence from US proceedings in its case against Rio Tinto alleging the mining giant misled shareholders about a Mozambique mining company purchased for US$4.2 billion.

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ACCC’s decision to block Vodafone, TPG merger ‘chock full of speculation’, court hears
Allens 2019-09-10 2:13 pm By Christine Caulfield

The competition regulator’s opposition to the proposed $15 billion merger of telecommunications companies Vodafone and TPG was based on “mere possibilities” and was “chock full of speculation”, the Federal Court heard Tuesday.

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Judge strikes out CIMIC class action claims pleaded in ‘factual vacuum’
Allens 2019-09-10 12:02 pm By Miklos Bolza

Engineering services company CIMIC has won a challenge to the pleadings in a shareholder class action against it, with the Federal Court striking out deficient paragraphs but giving the class a chance to replead.

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