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Ex-director of corporate insolvency firm ‘ambushed’ by partner, judge says
Contracts 2018-11-13 7:21 pm By Cat Fredenburgh Sydney

A judge has found the former director of Sydney-based insolvency practice CRS Warner Kugel is entitled to compensation after he was “ambushed” out of the firm in 2014.

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Court rejects Westpac’s $35M settlement with ASIC
Financial Services 2018-11-13 11:41 am By Miklos Bolza Sydney

The Federal Court has thrown out a proposed $35 million settlement between ASIC and Westpac over responsible lending breaches, saying the agreement was “unworkable” and left the court in an “information vacuum”.

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Common fund order in CBA class action put on ice
Appeals 2018-11-12 10:55 pm By Cat Fredenburgh Melbourne

A judge has adjourned an application by law firm Slater & Gordon for a common fund order in a class action against the Commonwealth Bank and its wealth management unit, amid two landmark challenges to the courts’ powers to make such orders.

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Murray Goulburn settles ACCC case over farmgate milk prices
Agriculture 2018-11-12 10:05 pm By Christine Caulfield Melbourne

Murray Goulburn and its former CEO have reached a settlement with the Australian Competition and Consumer Commission over claims the dairy producer misled farmers in three states about farmgate milk prices.

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Neurim fights to amend Circadin patent amid infringement case against generics
Andrew Fox 2018-11-12 9:19 pm By Miklos Bolza Sydney

Drug maker Neurim Pharmaceuticals is battling to amend its Australian patent for the blockbuster sleeping pill Circadin over opposition from two generic pharmaceutical companies, which have accused Neurim of attempting to gain an unfair advantage by delaying the amendment bid until now.

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Funder wants major role in common fund challenge
Allens 2018-11-12 8:58 pm By Miklos Bolza Sydney

Litigation funder Regency Funding has sought leave to intervene as a major player in one of two challenges to the courts’ powers to issue common fund orders in class actions, but it might have a fight on its hands.

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Crown shouldn’t keep jailed ex-employees silent, court told
Class Actions 2018-11-12 8:39 pm By Christine Caulfield Melbourne

An attempt by Crown Resorts to block ex-employees from talking to class action lawyers about the casino giant’s thwarted business in China was contrary to the public interest, a judge heard Monday.

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‘Ingenuity’ needed for software-aided biz method patent, IP Australia says
Australian Government Solicitor 2018-11-09 9:18 pm By Miklos Bolza Sydney

A software-implemented business method could be patentable if programmed into a computer with “some ingenuity”, IP Australia told the Full Federal Court as a landmark appeal between rival tech companies Encompass and Infotrack wrapped up Friday.

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AFT Pharma ordered to pull misleading Maxigesic ads
Competition & Consumer Protection 2018-11-09 8:44 pm By Miklos Bolza Sydney

AFT Pharmaceuticals has been ordered to pull advertisements for its painkiller Maxigesic after the Federal Court ruled in favour of rival Reckitt Benckiser, finding the ads breached Australian Consumer Law.

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Westpac hit with $3.3M penalty in BBSW case
Allens 2018-11-09 8:18 pm By Cat Fredenburgh

Westpac has been ordered to pay a $3.3 million penalty for engaging in unconscionable conduct when it traded in bank bills in an attempt to influence the benchmark Bank Bill Swap Rate on four occasions, with a Federal Court judge admitting the fine was “inadequate.”

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