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ASIC suffers significant loss in ‘illegal phoenix’ case against liquidator
Andrew O'Brien 2023-08-18 11:32 pm By Christine Caulfield

The corporate regulator has failed in its case targeting an individual insolvency practitioner for alleged illegal phoenix activity.

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Novartis can’t have separate trial on blood pressure drug invalidity claim
Ashurst 2023-08-18 10:04 pm By Cindy Cameronne

Novartis has lost its bid to have Pharmacor’s claim that its patent for a blood pressure drug is invalid decided ahead of a main trial where the Swiss pharmaceutical giant will allege the generic drug maker is threatening to infringe its patent. 

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Mercer set to admit liability in ASIC’s first greenwashing case
ASIC 2023-08-18 9:13 pm By Sam Matthews

Mercer Superannuation is likely to admit liability in the corporate regulator’s maiden greenwashing case, a court has heard.

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IAG class action says 30% GCO can’t be compared to beauty parade rates in Star cases
Adam Hochroth 2023-08-18 2:29 pm By Sam Matthews

In its bid for a 30 per cent group costs order, the applicant in a class action against Insurance Australia Group says the percentage shouldn’t be compared to lower proposed rates — as low as 14 per cent — in a battle to run a class action against Star.

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Judge rejects Seven’s ‘most unusual request’ to correct judgment in Roberts-Smith case
Appeals 2023-08-18 1:57 pm By Cindy Cameronne

A judge has rejected a request by lawyers for Seven and the TV network’s billionaire chairman, Kerry Stokes, to issue a correction to his published decision ordering the production of over 8,600 emails exchanged with Ben Roberts-Smith’s lawyers in a defamation case.

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Nursing home class actions try again for insurance docs
Andrew Broadfoot 2023-08-17 11:32 pm By Cat Fredenburgh

Two class actions against Victorian aged care providers on behalf of families of residents who died due to alleged failures during the COVID-19 pandemic have appealed a ruling that rejected their bid for insurance and financial information to assist in mediation.

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Care A2 Plus seeks to block US fraud suit brought by distributor
Competition & Consumer Protection 2023-08-17 11:00 pm By Sam Matthews

After being hit by a $200 million claim in Australia, infant formula company Care A2 Plus is asking the court to block US business partner Gensco from filing a second lawsuit in its home country, which it says is intended to “harass and split the resources” of CAP and its directors.

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Age pension class action files High Court challenge
Appeals 2023-08-17 10:22 pm By Cindy Cameronne

A class action has challenged a decision that found the age pension does not discriminate against Indigenous Australians because of differences in life expectancy, arguing the Full Court settled for formal rather than substantive equality.

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Court approves ‘lower end’ settlement in public housing class action
Class Actions 2023-08-17 9:36 pm By Sam Matthews

A judge has approved a $5 million settlement in a false imprisonment class action against the state of Victoria on behalf of residents of nine public housing towers over COVID-19 lockdowns, despite noting it “falls towards the lower end of the spectrum”.

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ASIC loses appeal in CBA conflicted remuneration case
Anna Wilson 2023-08-17 10:32 am By Cindy Cameronne

ASIC has lost its challenge to findings that a revenue sharing arrangement between the Commonwealth Bank of Australia and former subsidiary Colonial First State Investments did not breach conflicted remuneration provisions of the Corporations Act.

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