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Court to issue speedy ruling on Sanofi’s second stab at injector pen injunction
Appeals 2019-02-20 9:48 pm By Cat Fredenburgh Melbourne

The Full Federal Court will issue its judgment Friday in French pharmaceutical giant Sanofi’s challenge to a judge’s refusal to block Alphapharm from listing an insulin injector pen on the PBS, just two weeks after the court heard arguments in the appeal.

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Victorian Government can’t save Esso’s Bass Strait arbitration
Appeals 2019-02-20 5:59 pm By Miklos Bolza Sydney

The Full Court of the Federal Court has shot down a bid by the Victorian Government to intervene a second time in a long-running bargaining dispute between Esso Australia and three key Australian unions over its Bass Strait offshore oil and gas operations.

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Halted questioning about ASIC emails warrants Octaviar class action re-trial, court hears
Appeals 2019-02-14 9:42 pm By Miklos Bolza Sydney

Critical emails from ASIC regarding a $250 million loan facility to Octaviar Group before its 2008 collapse were not only overlooked by the Public Trustee of Queensland in its role overseeing the firm’s finances but were wrongly deemed irrelevant by the judge that heard the case, the Full Federal Court was told.

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Judge allows expert reports in Cargill, Viterra case over $420M Joe White sale
Agriculture 2019-02-14 2:19 pm By Cat Fredenburgh Melbourne

The judge overseeing the marathon trial between agricultural giants Cargill and Viterra over the $420 million sale of malt producer Joe White has shot down objections to both parties’ expert reports related to whether it was common industry practice to cheat customers by failing to comply with contract details and providing misleading malt test results.

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No evidence that rapist line uttered, Sarah Hanson-Young tells court
Appeals 2019-02-12 8:36 pm By Miklos Bolza Sydney

Greens Senator Sarah Hanson-Young has slammed Liberal Democrat Senator David Leyonhjelm’s attempt to stay her defamation case against him without providing evidence that the alleged misandrist comments at the heart of the proceedings were spoken in Parliament.

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Spotless challenges redundancy payment ruling
Appeals 2019-02-12 1:58 pm By Cat Fredenburgh Melbourne

Spotless Services is challenging a ruling that it owes redundancy to three workers employed at the Perth International Airport that were on fixed contracts.

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AFT not ready to take its medicine for ‘misleading’ Maxigesic ads
Appeals 2019-02-08 10:54 pm By Cat Fredenburgh Melbourne

AFT Pharmaceuticals has launched a partial challenge to a court ruling that its Maxigesic ads made a number of misleading claims, including that the drug provides stronger and more effective relief than Reckitt Benckiser’s Nuromol.

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‘Likely’ GetSwift class action settlement should not be delayed by High Court appeal, judge says
Appeals 2019-02-07 9:36 pm By Christine Caulfield Melbourne

A judge won’t defer the opt-out notice in a shareholder class action against GetSwift pending the High Court’s decision on a special leave application to revive a competing class action, saying the sooner the case settles the better.

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ASIC challenge to Westpac personal advice ruling likely
Allens 2019-02-07 11:16 am By Miklos Bolza Sydney

The Australian Securities and Investments Commission will likely appeal a ruling that two Westpac units did not provide personal financial advice as part of a campaign encouraging customers to roll over external superannuation accounts.

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Common fund orders fulfil class action promise, lawyers tell historic appeals court
Allens 2019-02-05 10:50 pm By Miklos Bolza Sydney

Common fund orders are the completion of the notion of class actions envisaged when the regime was introduced 27 years ago, a joint-sitting of two appeals courts was told on the second and last day of a landmark challenge to what has become an oft-used case management tool by trial judges.

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