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Teens won’t take climate change class action to High Court
Appeals 2022-04-12 3:21 pm By Miklos Bolza Sydney

An appeals court’s finding that the federal government does not owe a duty of care to Australian kids to protect them from the effects of climate change will stand after the lead applicants declined to take the matter to the High Court.

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Mercedes-Benz dealers lose ‘ambitious’ bid to view confidential head office docs
Automotive 2022-04-12 9:21 pm By Cindy Cameronne Sydney

Australian Mercedes-Benz dealers behind a $650 million lawsuit over the car maker’s decision to move to a fixed-price agency model have lost a bid for an “ambitious number” of dealers to view “super confidential” documents from the company’s head office in Germany.

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Maurice Blackburn prevails in State Street appeal over Fearless Girl
Appeals 2022-04-11 4:11 pm By Miklos Bolza Sydney

Maurice Blackburn has successfully defeated an appeal of a judgment that found the law firm did not breach the intellectual property rights of US financial services giant State Street Global Advisors by displaying a replica of the world renowned Fearless Girl statue in Melbourne.

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Judge hits Westpac unit with $20M penalty over conflicted remuneration
Allens 2022-04-08 10:53 pm By Sam Matthews Melbourne

A judge has signed off on a $20 million penalty against Westpac subsidiary BT Funds Management for improperly charging 9,000 members insurance premiums that included commissions to financial advisers, a practice that was banned in 2013.

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Novartis can’t appeal loss of experts in MS drug patent feud with Pharmacor
Appeals 2022-04-07 12:29 pm By Christine Caulfield Melbourne

The Full Federal Court won’t give Swiss pharmaceuticals giant Novartis the chance to appeal a ruling that threw out three of its four experts in a patent case against generic drug maker Pharmacor.

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Full Court ruling on MIS regime may not resolve funding issues in RFG class action, court hears
Arnold Bloch Leibler 2022-04-01 4:54 pm By Cat Fredenburgh Melbourne

A case before the Full Court that will revisit the question of whether class actions are managed investment schemes may not resolve all of the funding controversies that have emerged in a class action against franchise giant Retail Food Group, a court has heard.

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Full Court ‘compelled’ to find class closure judgment ‘plainly wrong’
Boral 2022-03-28 11:06 am By Miklos Bolza Sydney

The Full Federal Court has found that a landmark NSW Court of Appeal decision barring group members from being notified of future class closure orders at settlement was “plainly wrong” and that the court has the power to make the orders.

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JD Group wins stay of damages for couple ‘misled’ over $10M luxury digs
Competition & Consumer Protection 2022-03-28 5:55 pm By Christine Caulfield Melbourne

Damages owed to a millionaire couple by JD Group over a “deliberately misleading” rendering of a $9.58 million apartment in South Yarra, Melbourne will be put on ice pending the outcome of the property developer’s appeal.

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ACCC says agreement to settle Revlimid patent suit could violate cartel laws
ACCC 2022-03-23 2:53 pm By Cat Fredenburgh Melbourne

The ACCC has refused to authorise a patent settlement and license agreement between Bristol-Myers Squibb unit Celgene and two generic drug makers who sued to invalidate the patents for its blockbuster cancer drug Revlimid, saying it could distort competition between generic drug makers.

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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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