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Contradictor in 7-Eleven class action backs court’s power to make CFOs
7-Eleven 2020-10-20 3:51 pm By Miklos Bolza Sydney

A contradictor appointed in two class actions against 7-Eleven will argue before the Full Federal Court that the court has power both in equity and under the Federal Court of Australia Act to make common fund orders in class actions on settlement or judgment.

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ATO wins appeal in $60M tax dispute with Healius
Appeals 2020-10-12 6:46 pm By Cat Fredenburgh Sydney

The Australian Taxation Office has secured a Full Federal Court victory in its $60 million tax battle with Healius, overturning a ruling that found the healthcare company could claw back a multi-million dollar tax refund.

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AMP hits back at class action, says buy-out policy changes needed to avoid ‘BOLR run’
AMP 2020-10-12 2:13 pm By Christine Caulfield Melbourne

Changes to AMP’s buyer of last resort policy that reduced the multiple by which the wealth management firm would purchase advisers’ client registers was necessary to protect the business from a ‘BOLR run’, a court had been told.

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iSelect to pay $8.5M for misleading consumers about energy plans
ACCC 2020-10-08 3:00 pm By Cat Fredenburgh Melbourne

A court has ordered comparison website iSelect to pay $8.5 million in penalties for making misleading representations through its online electricity comparison service and pushing plans to consumers that were not necessarily best suited for them.

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Full Federal Court to rule on common fund order question in 7-Eleven class actions
7-Eleven 2020-09-29 2:47 pm By Miklos Bolza Sydney

The Full Federal Court will weigh in on whether common fund orders can be made at settlement in two class actions against 7-Eleven, with a hearing scheduled for the same day the NSW Court of Appeal will hear arguments on the unresolved issue.

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Judge shuts down Boehringer challenge to Merck Sharp & Dohme parasite patent
Agriculture 2020-09-24 1:59 pm By Miklos Bolza Sydney

Pharmaceutical company Boehringer Ingelheim has failed in its Federal Court challenge to a patent application for an injectable anti-parasite drug for livestock by a subsidiary of competitor Merck Sharp & Dohme.

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IOOF unit can’t stop ASIC from using royal commission evidence
ANZ 2020-09-07 6:37 pm By Miklos Bolza Sydney

An IOOF subsidiary sued over “bad advice” has failed in its bid to stop ASIC from using documents from the banking royal commission as evidence in the case, with a judge saying the company had already provided the material to the financial watchdog without objection.

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BHP wants foreign group members shut out of class action over Brazil dam failure
Alistair Pound 2020-09-07 5:21 pm By Alison Eveleigh Sydney

Mining giant BHP is seeking to have foreign group members shut out of a shareholder class action over the Fundao dam failure in Brazil five years ago.

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Court approves settlement with ANZ in 7-Eleven class actions
7-Eleven 2020-08-25 6:18 pm By Christine Caulfield Melbourne

A judge has signed off on a settlement that releases ANZ from two class actions by 7-Eleven franchisees that alleged the bank engaged in unconscionable conduct and breached responsible lending laws by providing loans to purchase outlets of the convenience store giant.

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Mylan loses Lipidil appeal, despite court finding proof of intention not needed for Swiss-style claims
Appeals 2020-07-03 5:27 pm By Miklos Bolza Sydney

Mylan Health has lost its challenge to a ruling that invalidated three patents related to its blockbuster cholesterol drug Lipidil, despite the appeals court finding the primary judge had erred by ruling that proof of intention was required for Swiss-style claims.

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