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Judge says sorry for delayed Osteo Gel judgment as penalty hearing set for 2020
Bird & Bird 2019-06-07 12:34 pm By Miklos Bolza Sydney

A Federal Court judge has apologised for “upsetting the applecart” and taking “too long” to publish his judgment in the consumer regulator’s case against GlaxoSmithKline and Novartis over packaging for now discontinued painkiller Osteo Gel.

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Shareholder class action against Sirtex settles mid-trial
Class Actions 2019-06-06 10:47 pm By Christine Caulfield Melbourne

Sirtex Medical has reached a mid-trial agreement to resolve a shareholder class action that centred on the biotech company’s sales forecasts of its radiation treatment.

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Ex-HWL Ebsworth partner wins $450,000 for ‘irrational’ termination
Business of Law 2019-06-06 9:15 pm By Miklos Bolza Sydney

A former partner expelled from HWL Ebsworth has been awarded $450,000 in damages after the NSW Supreme Court found the reasons for the termination were “irrational and wrong”.

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IOOF execs slam APRA for last-minute discovery as trial looms
Arnold Bloch Leibler 2019-06-06 7:47 pm By Amelia Birnie Sydney

Former executives of wealth manager IOOF facing disqualification proceedings by the Australian Prudential Regulation Authority have criticised the prudential regulator for a late and extensive discovery request, saying it could “imperil” the July trial date.

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Ex-CEO accuses Radio Rentals of withholding documents crucial to class action defence
Class Actions 2019-06-06 6:13 pm By Amelia Birnie Sydney

The former CEO of Radio Rentals, who has been dragged into a class action against the company, claims he can’t properly defend himself because his former employer has asserted privilege over legal advice the company received regarding its ‘Rent, Try, $1 Buy’, which he says is crucial to his case.

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ASIC fights ANZ bid to stay capital raising case as cartel action hangs over bank
Allens 2019-06-05 8:51 pm By Christine Caulfield Melbourne

The Australian Securities and Investments Commission is pushing back against an application by ANZ Bank to stay the regulator’s civil penalties case over disclosures related to a $2.5 billion equity capital raising while it defends against criminal charges related to the controversial share placement.

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7-Eleven class actions launch second bid to limit communications with franchisees
7-Eleven 2019-06-05 3:56 pm By Miklos Bolza Sydney

After a first failed attempt, two class actions against 7-Eleven are trying again to restrict communications between the convenience store giant and franchisees ahead of a settlement approval hearing with ANZ, the bank that loaned money to store owners.

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Judges shoot down last-minute bid to amend Adani native title appeal
Appeals 2019-06-05 12:12 pm By Amelia Birnie Sydney

A group of Indigenous Australians opposed to Adani’s Carmichael coal mine in Queensland have lost an eleventh hour bid to add extra grounds to their native title appeal, as they wait for a decision from the Full Federal Court.

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Ex-Hastie Services CEO says nothing ‘dodgy’ about orders to close earnings gap
Clayton Utz 2019-06-04 10:03 pm By Miklos Bolza Sydney

The former chief executive officer of Hastie Services has admitted to asking staff to make up for a shortfall between forecast and actual profits at the firm, but claims he made the order with the expectation it would be done legally, the jury hearing a criminal case against him was told.

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Horse vaccine class action gets chance to add sample group member to bring ‘valid’ consumer claim
Alexander Edwards 2019-06-04 9:19 pm By Amelia Birnie Sydney

Noting the relevant three-year limitations provision was “quite unusal”, the judge overseeing a consumer class action against horse vaccine manufacturer Zoetis has given the class a chance to add a second applicant to the case, after it was revealed that part of the lead applicant’s claim was out of time. 

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