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AIG appeals ruling in Kaboko Mining D&O coverage dispute
Appeals 2019-01-30 3:43 pm By Christine Caulfield Sydney

AIG Australia has appealed a decision that found it’s liable for covering four former directors being sued by collapsed Kaboko Mining after a failure to repay a US$5.95 million loan allegedly led to the company’s insolvency.

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Court demands greater transparency from ASIC in AMP insurance case
Clayton Utz 2019-01-30 3:17 pm By Miklos Bolza Sydney

ASIC has been ordered to reveal the extent of its communications with experts that are compiling a report central to its case against AMP over alleged insurance churning by one of its former financial advisers.

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Lundbeck loses bid for damages increase in Lexapro patent case
Clayton Utz 2019-01-30 1:19 pm By Cat Fredenburgh

Denmark-based Lundbeck cannot recover damages for the alleged infringement of its Lexapro patent by generic drug companies that it dropped its claims against, a judge has found.

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Herbert Smith Freehills to represent AMP in ASIC suit over Clayton Utz docs
Business of Law 2019-01-18 9:55 pm By Cat Fredenburgh Melbourne

AMP has retained Herbert Smith Freehills — one of its go-to law firms — to represent it in legal proceedings by the Australian Securities and Investments Commission seeking documents from Clayton Utz as part of an ongoing investigation of the wealth manager’s fees-for-no-service conduct.

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Judge was wrong to halt cross-examination in Octaviar class action, court hears
Appeals 2019-01-17 9:00 pm By Miklos Bolza Sydney

A judge that dismissed an investor class action against the Public Trustee of Queensland over the failure of investment firm Octaviar Group improperly intervened in the cross-examination of one of the class’ witnesses, one of the judges that will hear an appeal of the dismissal was told.

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VW knew about defeat software but ACCC doesn’t need to prove it, court told
Australian Government Solicitor 2019-01-15 9:25 pm By Miklos Bolza Sydney

The ACCC does not need to prove Volkswagen knew about the diesel emissions software at the heart of its action against the car giant — that’s just a factor that will magnify penalties in the case, the regulator has told a court.

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No fast end to McDonald’s hipster cafe trade mark dispute
Clayton Utz 2019-01-14 10:37 pm By Cat Fredenburgh Melbourne

A David versus Goliath trade mark battle between an iconic Melbourne pub and McDonald’s over the global food giant’s new hipster cafe will continue, after the parties failed to reach an agreement to put the dispute to rest.

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Judge orders Rinehart family feud into arbitration
Clayton Utz 2019-01-14 8:40 pm By Miklos Bolza Sydney

The Supreme Court of Western Australia has stayed counterclaims by Bianca Rinehart and John Hancock and sent a long-running Rinehart family dispute over control of valuable mining assets such as the Hope Downs iron ore mine into arbitration.

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Sandoz appeals loss in 15-year battle over Lexapro patent
Appeals 2019-01-10 11:26 am By Christine Caulfield Melbourne

Generic drug maker Sandoz is challenging a ruling that it infringed a patent behind Lundbeck’s blockbuster antidepressant Lexapro, reviving a 15-year fight over the lucrative intellectual property.

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Octaviar investors, class action funder dodge indemnity costs
Adam Hochroth 2019-01-08 1:17 pm By Miklos Bolza Sydney

The investor behind a failed class action against the Public Trustee of Queensland over the collapse of Octaviar Group has escaped a bid by the Trustee for maximum costs, with a judge ruling the case was not a “nakedly speculative venture” by the funder.

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