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Judge won’t recuse himself from Bendigo Bank cases over Great Southern loans
Class Actions 2018-08-28 2:48 pm By Cat Fredenburgh Melbourne

A judge refused Tuesday to step down from two cases brought by Bendigo and Adelaide Bank seeking to claw back loans from group members in a settled class action over Great Southern Group’s managed investment schemes, saying no apprehension of bias could arise.

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Apotex threatened to infringe Cialis patents, court finds
Healthcare 2018-08-27 11:09 pm By Cat Fredenburgh Melbourne

A judge has found two patents held by an Eli Lilly & Co. unit for erectile dysfunction drug Cialis are valid and that generic manufacturer Apotex threatened to infringe the patents.

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Judge OKs $3M settlement in Kagara shareholder class action
Ashurst 2018-08-27 8:34 pm By Miklos Bolza Sydney

A $3 million settlement in the shareholder class action against the directors of failed mining company Kagara has been approved, with a Federal Court judge saying the amount is fair and reasonable despite two-thirds of it going to the lawyers and funder that brought the case.

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Glencore in-house counsel denied access to Cargill deal docs
Agriculture 2018-08-27 6:13 pm By Cat Fredenburgh Melbourne

A judge has ruled in-house counsel at Glencore can’t view “highly confidential” documents related to the possible sale by Cargill of its Joe White malt business.

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Hancock fights back against doc bid in Rinehart family feud
Contracts 2018-08-27 11:24 am By Miklos Bolza Sydney

Hancock Prospecting, owned by mining magnate Mrs Gina Rinehart, is fighting a bid by daughter Ms Bianca Rinehart to access the company’s books and records, saying an upcoming High Court decision may change the fate of the case.

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Client’s identity shielded by privilege, court rules
Defamation 2018-08-24 11:57 pm By Christine Caulfield Melbourne

Correspondence to a law firm revealing a client’s identity was covered by legal professional privilege because the firm’s advice was contingent on the client providing his name, a court has ruled.

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Judge won’t shut down wrongful death action in US over Qld air crash
Article 2018-08-24 10:20 pm By Christine Caulfield Melbourne

A judge has refused a bid by two Australian companies to shut down a long-running wrongful death case in the US brought by the families of 15 people killed in an air crash near the Lockhart River in North Queensland in May 2005.

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Heinz fined $2.25M for peddling sugary kids snacks as healthy
Competition & Consumer Protection 2018-08-24 9:37 pm By Cat Fredenburgh Melbourne

H.J. Heinz Company has been fined $2.25 million for marketing sugary snacks to kids as healthy, a fraction of the $10 million penalty sought by the ACCC.

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Commonwealth Bank pans class action pleadings as ‘vague penumbra’
Class Actions 2018-08-24 4:32 pm By Miklos Bolza Sydney

The Commonwealth Bank of Australia is seeking to strike out portions of a shareholder class action over allegedly lax anti-money laundering and anti-terrorism financing controls it calls a “vague penumbra” that leaves the bank in the dark about the case against it.

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Nurofen superiority claims breached consumer law, Full Court affirms
Bird & Bird 2018-08-24 11:19 am By Cat Fredenburgh Sydney

The Full Federal Court has shot down Reckitt Benckiser’s appeal of a ruling that it misled consumers with claims that its Nurofen is a more effective pain killer than rival GlaxoSmithKline’s Panadol.

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