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Novartis challenges loss of experts in spat with Pharmacor over generic Gilenya
Appeals 2022-03-28 3:25 pm By Christine Caulfield Melbourne

Novartis wants to appeal a ruling in its dispute with generic drug maker Pharmacor over patents for its multiple sclerosis drug Gilenya that tossed three of its four experts out of an upcoming so-called hot tub.

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High Court to weigh in on peak indebtedness rule in win for Gunns liquidators
Agriculture 2022-03-25 5:44 pm By Miklos Bolza Sydney

The High Court will clarify the so-called peak indebtedness rule used by liquidators recouping payments to unsecured creditors, granting a special leave application brought by the liquidators of collapsed forestry giant Gunns Group.

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Law firm must pay former high earner ‘fruits of his victory’ pending appeal
Appeals 2022-03-24 1:43 pm By Cindy Cameronne Sydney

A Melbourne law firm has lost its bid to delay payment of a $184,000 judgment to a former junior lawyer who earned hundreds of thousands of dollars per year under a lucrative pay structure.

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High Court to hear Spain’s sovereign immunity claims in $375M arbitration dispute
Appeals 2022-03-23 10:23 pm By Cat Fredenburgh Melbourne

The High Court has agreed to weigh in on whether an Australian court’s recognition of a $375 million international arbitration award against the kingdom of Spain violated the sovereign immunity doctrine.

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Court appoints contradictor in class action funder’s challenge to MIS rules
Adam Hochroth 2022-03-22 3:59 pm By Miklos Bolza Sydney

The Full Federal Court has appointed a contradictor to “take up the cudgels” against funder Litigation Capital Management, which has challenged a judgment refusing to find that a class action filed against Queensland electricity operators was not a managed investment scheme.

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Full Court deals drug companies a blow on patent term extensions
Appeals 2022-03-18 10:27 pm By Miklos Bolza Sydney

The Full Court has upheld two judgments that shortened patent term extensions granted to Merck Sharpe & Dohme and Ono Pharmaceuticals, finding the extension regime cannot be construed as achieving a “commercial outcome for a patentee”.

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Climate change appeal decision: End of the road for novel duty of care?
Appeals 2022-03-18 2:11 pm By WP Creative

The Full Federal Court was emphatic in its decision that the environment minister does not owe a duty of care to Australian children to shield them from climate change harm, but there is no doubt the law will be put to the test again soon, says Corrs Chambers Westgarth’s Louise Camenzuli, Julia Green and Max Newman.

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Fitness chain F45 tries to revive patents for computerised workout system
Appeals 2022-03-16 5:29 pm By Sam Matthews Melbourne

National fitness chain F45 has appealed a court decision revoking two of its patents for a computer-run trainer workout system, arguing its system constituted a technological innovation in the field of fitness studio franchising which rival Body Fit has profited from.

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John Ibrahim’s son appeals defamation loss over Sunday Telegraph article
Appeals 2022-03-15 7:08 pm By Sam Matthews Melbourne

The son of infamous Kings Cross personality John Ibrahim is challenging a recent judgment clearing publisher Nationwide News and reporter Brenden Hills of defamation over a “sensationalist and voyeuristic” Sunday Telegraph story.

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No duty of care owed to kids by environment minister, Full Court rules
Appeals 2022-03-15 10:45 am By Christine Caulfield Melbourne

The Full Federal Court has overturned a historic judgment that found the federal minister for the environment owed a duty of care to Australians under 18 to protect them from ‘catastrophic’ harm caused by the approval of the Vickery coal mine expansion.

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