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ASIC can use PwC partner’s evidence in case against Rio Tinto
Allen & Overy 2019-10-03 8:20 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has won its bid to use evidence from US proceedings in its case against Rio Tinto alleging the mining giant misled shareholders about a Mozambique mining company purchased for US$4.2 billion.

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APRA defends decision to bring failed IOOF case
Arnold Bloch Leibler 2019-09-20 8:03 pm By Amelia Birnie

The prudential regulator is standing by its decision to bring proceedings against IOOF for alleged breaches of superannuation duties, despite criticism that such a “highly litigious regulatory environment” is placing immense pressure on financial services executives.

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Judge slams APRA case against IOOF as ‘fundamentally inadequate’ and ‘tenuous in the extreme’
Arnold Bloch Leibler 2019-09-20 10:04 am By Amelia Birnie

APRA’s purely documentary case against troubled fund manager IOOF has been dismissed by the Federal Court as “unpersuasive”, “fundamentally inadequate” and “tenuous in the extreme”, in another major blow to financial services regulators pursuing action in the wake of the banking royal commission.

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Otsuka ‘deliberately’ withheld information from court, Generic Health claims
Allens 2019-09-17 9:30 pm By Miklos Bolza

Pharmaceutical company Generic Health has told the Federal Court that, on advice from their solicitors, Otsuka and Bristol-Myers Squibb “deliberately” chose not to disclose their reasons for an admission in a long-running patent case over the anti-psychotic drug Abilify, which they are now seeking to withdraw.

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Otsuka changes tack in Abilify patent case after landmark Wyeth ruling
Allens 2019-09-11 8:49 pm By Miklos Bolza

Otsuka Pharmaceuticals and Bristol Myers-Squibb are seeking to withdraw admissions in patent litigation against Generic Health over anti-psychotic drug Abilify, following a landmark ruling last year against Wyeth that clarified the issue of compensation under the usual undertaking for damages in pharmaceutical patent cases.

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Vietnamese mining firm drops $132M arbitration award dispute with WorleyParsons unit
Arbitration 2019-09-11 1:35 pm By Miklos Bolza

The operator of a Vietnamese mine has dropped its Federal Court proceedings against WorleyParsons subsidiary Jacobs E&C over the enforcement of a $132 million arbitration award.

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Corporate cop looks to bolster Rio Tinto case with US evidence from PwC witness
Allen & Overy 2019-09-10 4:38 pm By Miklos Bolza

The Australian Securities and Investments Commission is seeking evidence from US proceedings in its case against Rio Tinto alleging the mining giant misled shareholders about a Mozambique mining company purchased for US$4.2 billion.

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Landmark Uber class action should be thrown out, court told
Class Actions 2019-09-04 10:28 pm By Christine Caulfield

A class action alleging a conspiracy between ride-share giant Uber and related entities to launch a car service to take business from taxi drivers across Australia has no prospect of success and should be struck out, a lawyer for Uber told a court Wednesday.

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Regeneron steps up opposition to Kymab’s human rat patent
Appeals 2019-08-26 12:47 pm By Cat Fredenburgh

US biotechnology company Regeneron Pharmaceuticals has filed a Federal Court challenge after losing its opposition to a patent application by UK biopharmaceutical company Kymab for a method of producing an animal with part-human DNA.

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Crown settles Sydney Harbour views dispute with NSW
Appeals 2019-08-19 3:01 pm By Miklos Bolza

Crown Resorts and Lendlease have settled a dispute with the NSW government over access to unblocked harbour views from the $2.2 billion Crown Sydney Hotel Resort currently being constructed in the city’s Barangaroo area.

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