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Judge dismisses ‘puzzling’ bid to boot FW Projects liquidators
Alan Shearer 2019-07-18 8:49 pm By Miklos Bolza

Two construction companies have lost what a court has called a “puzzling” bid to oust the liquidators of collapsed FW Projects amidst a legal battle in the NSW Supreme Court over the property developer’s remaining assets.

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Special counsel appointed in toxic foam class action
Class Actions 2019-06-28 11:41 am By Cat Fredenburgh

The judge overseeing several class actions over the alleged use of toxic foam at government military bases has appointed a special counsel to hear the Commonwealth’s claims that it should be exempt for producing certain documents due to public interest immunity and legal professional privilege.

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‘Sensible’ funder won’t stick toxic foam class with costs after last-minute common fund withdrawal
Australian Government Solicitor 2019-05-30 3:33 pm By Miklos Bolza

A judge has praised funder IMF Bentham for not seeking to recover from group members the cost of a withdrawn common fund application in one of Shine Lawyer’s toxic foam class actions, agreeing instead to cop the loss itself.

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Bauer’s appeal victory means curtain call for Discover Downunder trade mark
Andrew Fox 2019-05-09 4:08 pm By Miklos Bolza

Bauer Consumer Media has won a five-year legal battle over Evergreen Television’s Discover Downunder trade mark, with the Full Federal Court setting aside a prior IP Australia decision and deregistering the mark.

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After drawing scrutiny from judge, toxic foam class action funding structure revealed
Class Actions 2019-04-23 10:41 pm By Christine Caulfield

The sought-after commission at the centre of an unsuccessful common fund application in a class action over the use of toxic foam at a RAAF base near Katherine, NT has been revealed as 15% of any gross recovery in the case plus up to three and a half times the funder’s costs.

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Common fund bid in toxic foam class action dismissed after applicant bristles at more scrutiny
Class Actions 2019-04-12 11:36 pm By Christine Caulfield

A judge has tossed an application for a common fund order in a class action over the use of toxic foam on a RAAF base near Katherine, NT after a barrister for the lead applicants said the bid would be withdrawn if the judge appointed an independent “contradictor” to scrutinise the proposed funding structure.

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Generics attack validity of Neurim insomnia drug patent
Dentons 2019-04-05 8:28 pm By Miklos Bolza

Two generic pharmaceutical companies, Generic Partners and Apotex, have filed cross-claims alleging that Neurim Pharmaceuticals’ patent for its insomnia drug Circadin is invalid and should be revoked.

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Judge ‘uncomfortable’ with common fund order in toxic foam class actions
Australian Government Solicitor 2019-04-03 5:21 pm By Miklos Bolza

A judge overseeing three toxic foam class actions against the Commonwealth of Australia has said he’s not comfortable approving a common fund order which does not detail specific remuneration amounts for funder IMF Bentham.

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Neurim wins fight to amend patent for top-selling Circadin amid infringement case
David Shavin 2019-02-19 7:35 pm By Christine Caulfield

Drug maker Neurim Pharmaceuticals has won a bid to amend its Australian patent for top selling sleeping pill Circadin over the protests of two generic pharmaceutical companies, whch argued Neurim had purposely delayed the application to gain an unfair advantage in its infringement suit.

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ASIC asks High Court to clarify meaning of ‘officer’
Appeals 2019-01-16 9:58 pm By Miklos Bolza

ASIC is seeking approval from the High Court to appeal a judgment that let a former director of Gold Coast finance company MFS Group partially off the hook for $147.5 million in misappropriated funds, saying the High Court needs to clarify the scope of the word “officer” under the Corporations Act.

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