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Judge OKs $40M Sirtex settlement, rejects ‘race to the bottom’ for funding commissions
Class Actions 2019-08-26 8:53 pm By Cat Fredenburgh

A judge has signed off on a $40 million settlement reached in shareholder class action against Sirtex, including a $10 million cut for the funders, saying commission rates should reflect the risks taken by funders.

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IP Australia stubs out British American opposition to Philip Morris cigarette pack patent
Andrew Musgrave 2019-08-23 8:37 pm By Miklos Bolza

IP Australia has dismissed opposition by British American Tobacco to a patent sought by rival cigarette company Philip Morris that covers a resealable cigarette packet that claims to provide an improved experience for smokers.

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Security ordered in light rail class action amid $2.26M Lander & Rogers discovery bill
Adam Hochroth 2019-08-23 4:56 pm By Miklos Bolza

The NSW Supreme Court has ordered the lead plaintiff in a class action over the Sydney light rail construction project to pay $1.25 million in security for costs to Transport for NSW ahead of discovery, which is expected to cost $2.26 million.

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Domino’s Pizza wants class action claims struck out, but judge not biting yet
Class Actions 2019-08-22 9:49 pm By Christine Caulfield

Arguing the pleadings are “evasive or ambiguous”, Domino’s Pizza has made a bid to strike out the statement of claim filed in a class action alleging franchisees underpaid thousands of workers across Australia for five years.

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Quintis founder seeks transcripts of ASIC interviews
Agriculture 2019-08-22 8:58 pm By Miklos Bolza

Six individuals interviewed by ASIC in relation to the collapse of sandalwood producer Quintis have sought leave to intervene in the regulator’s case against the company’s founder, Frank Wilson, after he sought discovery from ASIC of interview transcripts.

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Lendlease class actions set down for beauty parade, but applicants in talks to avoid contest
Class Actions 2019-08-22 8:36 pm By Miklos Bolza

Two competing shareholder class actions against developer Lendlease have been locked in for a beauty parade before the judge who recently forced the consolidation of three class actions against engineering firm RCR Tomlinson.

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Full Federal Court may weigh validity of NAB ‘junk’ insurance class action
Class Actions 2019-08-22 8:17 pm By Amelia Birnie

A class action against National Australia Bank over allegedly worthless consumer credit insurance could be referred to the Full Federal Court just three months out from trial, amid concerns that the class action was not validly commenced.

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Radio Rentals applicants fear prejudice if settlement talks break down
ASIC 2019-08-22 3:45 pm By Amelia Birnie

The applicants in the Radio Rentals “Rent, Try $1 Buy” class action have flagged the potential for prejudice caused by the respondents’ late evidence, with concerns about their capacity to be ready by the looming trial date if ongoing settlement negotiations hit a dead-end.

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Workers win landmark personal leave challenge against Cadbury maker Mondelez
Ai Group Workplace Lawyers 2019-08-21 10:14 pm By Cat Fredenburgh

In a majority ruling that will have significant ramifications for how companies calculate employees’ personal leave days, the Full Federal Court has found that the method used by food manufacturer Mondelez in granting the entitlement for its Tasmanian shift workers left them worse off than under the Fair Work Act.

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Pfizer may seek stay of Merck vaccine patent case
Allens 2019-08-21 3:53 pm By Miklos Bolza

Global pharmaceutical firm Pfizer is mulling an application to stay a lawsuit by Merck Sharp & Dohme seeking to invalidate a patent related to the blockbuster Prevnar 13 vaccine as it awaits the outcome of similar proceedings in the US.

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