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Judges have the power to issue common fund orders, appeals courts rule
Allens 2019-03-01 8:59 pm By Miklos Bolza Sydney

Common fund orders in class actions are legal and not unconstitutional, six judges found Friday after a history-making joint sitting of two appeals courts.

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GetSwift weighs bid to toss law firm from ASIC action
Class Actions 2019-03-01 1:21 pm By Miklos Bolza Sydney

GetSwift has warned it may seek an injunction blocking Johnson Winter & Slattery from acting as instructing lawyers to the corporate cop in its enforcement action against the logistics company, saying the firm provided advisory work for it last year.

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Court slams judge for ‘regrettable’ $2.8M award in Microsoft IP case
Competition & Consumer Protection 2019-02-28 7:17 pm By Miklos Bolza Sydney

A judge’s decision imposing damages of over $2.8 million on a Melbourne computer retailer facing an intellectual property lawsuit by Microsoft has been slammed as “regrettable” and a judicial “failure,” in a judgment overturning the ruling.

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Maurice Blackburn loses appeal over ATO bill on Black Saturday class action payout
Appeals 2019-02-28 2:11 pm By Christine Caulfield Melbourne

Maurice Blackburn has lost a long-running fight with the Australian Taxation Office over a tax bill on two massive class action settlements secured by the firm for thousands of Black Saturday bushfire victims.

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Owners of $5.8M Eureka Tower apartment win damages for 130-week fitout delay
Construction 2019-02-28 12:26 pm By Miklos Bolza Sydney

The Victorian Supreme Court has awarded a couple $145,000 in damages from a construction firm that denied them access to their brand new $5.8 million apartment and art gallery in Melbourne’s Eureka Tower for 130 weeks.

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Lundbeck earned $51.7M in settlements with generic makers over Lexapro patent
Clayton Utz 2019-02-27 10:09 pm By Christine Caulfield Melbourne

Danish pharmaceutical giant Lundbeck secured $51.7 million in settlements to end infringement litigation with three generic makers over its patent for the top-selling Lexapro, the company has revealed.

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Litigation funders slugged with cost of jurisdictional battle over AMP class actions
Class Actions 2019-02-27 9:21 pm By Miklos Bolza Sydney

A state judge has ordered the litigation funders behind a group of federal class actions against AMP to pay the legal costs of their failed transfer applications, saying while he could not make the applicants pay, he could compel the funders to cough up the money.

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Otsuka can press ahead with ‘inconsistent’ defences in Abilify patent dispute
Allens 2019-02-27 8:38 pm By Miklos Bolza Sydney

Otsuka Pharmaceuticals and Bristol Myers-Squibb can retain their defences in an ongoing patent dispute over antipsychotic drug Abilify, after the Federal Court dismissed a strike out bid by the Commonwealth of Australia over the allegedly “inconsistent” pleadings.

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Westpac unit RAMS breached franchise agreement, court finds
Allens 2019-02-27 6:11 pm By Miklos Bolza Sydney

Westpac-owned mortgage lender RAMS Financial Services breached a franchise agreement by failing to supply a Brisbane-based franchisee with information about nearby broker-originated customers, a judge has found.

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Bellamy’s loses cost-capping bid in joint class actions
Class Actions 2019-02-26 2:34 pm By Christine Caulfield Melbourne

A judge has rejected a bid by Bellamy’s to limit the recoverable costs of rival law firms running joint class actions against the baby food maker, saying he would deal with any unjustified duplication later, not now.

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