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Government loses case claiming $325M over generic Plavix delay
Acting Justice Arthur Emmett 2020-04-28 6:05 pm By Miklos Bolza Sydney

A court has dismissed a claim by the Australian Government for $325 million against pharmaceutical companies Sanofi and Bristol-Myers Squibb allegedly owed for excess subsidies it paid for blood-thinner Plavix as a result of an interlocutory injunction blocking a generic version of the blockbuster drug.

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Judge approves $32.4M settlement in CIMIC shareholder class action
Allens 2020-04-28 3:46 pm By Alison Eveleigh Sydney

A judge has signed off on a $32.4 million settlement in a shareholder class action against engineering services firm CIMIC, including a hefty legal bill for the firm that brought the case.

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Qantas sued for denying sick leave to stood-down workers
Ashurst 2020-04-28 3:33 pm By Miklos Bolza Sydney

Qantas breached the Fair Work Act by failing to pay personal carers leave and compassionate leave to employees stood down in response to the coronavirus pandemic, including one battling cancer and another awaiting triple bypass surgery, a court has heard.

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Law firm hits Uber with another class action after court loss
Class Actions 2020-04-28 12:15 pm By Christine Caulfield Melbourne

A plaintiffs law firm has fired off another class action against Uber after losing a bid to amend the group definition in a class action brought against the ride-sharing giant last year.

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High Court takes up Westpac fight against ASIC personal advice case
Allens 2020-04-27 4:54 pm By Miklos Bolza Sydney

The High Court has agreed to hear a challenge by Westpac to a ruling in favour of ASIC that found the bank violated its duty to act in customers’ best interests during a superannuation rollover campaign, a case that could clarify the line between personal and general financial advice.

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Rejecting ‘highly experimental’ alternative, judge vacates Motorola, Hytera copyright trial
Angus Lang 2020-04-27 4:30 pm By Cat Fredenburgh Sydney

A judge has vacated the next stage of an intellectual property fight between Motorola and Hytera Communications because of laws prohibiting witnesses located in China from giving unauthorised evidence via videolink, rejecting a “highly experimental procedural remedy” proposed by Motorola.

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Judge rejects funder’s bid to send Banksia class action fee dispute to mediation
Arnold Bloch Leibler 2020-04-27 4:05 pm By Christine Caulfield Melbourne

The funder behind the Banksia Securities class action has failed in a bid to have an outstanding case over legal fees and its commission sent to mediation, with a judge saying the issues for trial involve allegations against lawyers of serious misconduct not appropriate for closed-door negotiations.

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Halifax liquidators’ decision to not realise investments gets court backing
Alec Leopold 2020-04-27 2:08 pm By Cat Fredenburgh Sydney

The liquidators of defunct stockbroker Halifax are justified in their decision to refrain from realising existing investments over the protests of some investors, until substantive issues in the liquidation are resolved, a court has directed.

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‘This case makes no sense’: Judge says ‘Love Is In The Air’ infringed, but no damages owed
Banki Haddock Fiora 2020-04-27 1:48 pm By Christine Caulfield Sydney

A judge has found that an Oregon electronic music duo “flagrantly” copied the 1977 disco hit ‘Love is in the Air’ but has rejected most claims for damages because the copyright holder of the song sued for each streaming and download of the song, rather than for the creation of the infringing work.

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Judge questions if High Court ruling allows common fund orders at settlement
Class Actions 2020-04-24 11:34 pm By Miklos Bolza Sydney

The judge presiding over the settlement approval hearing in a shareholder class action against telecommunications company Vocus Group has questioned whether the High Court’s recent ruling striking down common fund orders at the outset of class actions would allow him to make such an order at settlement.

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