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After ASIC raises ire, judge sets down new rules for regulators in his court
Agriculture 2019-10-04 10:46 pm By Christine Caulfield Melbourne

ASIC and other government regulators bringing enforcement action in the docket of one Federal Court judge must abide by a strict new protocol to prevent a repeat of the corporate watchdog’s “wait and see” strategy in a case against ex-Murray Goulburn directors that came close, the judge said, to bringing the administration of justice into disrepute.

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ASIC’s belated case against ex-Murray Goulburn execs survives, but judge says never again
Agriculture 2019-10-04 10:05 pm By Christine Caulfield Melbourne

A judge has refused a bid by two former Murray Goulburn executives to throw out a disqualification case brought by the Australian Securities and Investments Commission, despite admonishing the corporate regulator for its delay in bringing the case and establishing a protocol for regulators filing cases in his docket.

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Interpharma won’t challenge Precedex patent validity ruling
Healthcare 2019-10-03 8:54 pm By Cat Fredenburgh Melbourne

Australian drug maker InterPharma will not appeal a ruling that dismissed its challenge to the validity of global pharmaceutical giant Pfizer’s patent for sedative drug Precedex.

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Concerns ‘poorer’ patients in vaginal mesh class action less likely to be notified of rights
Andrew Naylor 2019-09-30 9:44 pm By Amelia Birnie Sydney

The judge overseeing the Ethicon pelvic mesh class action has flagged serious public policy concerns stemming from class identification problems, amid fears that “poorer” patients in the public health system would be less likely to be notified of their rights compared to those in the private system.

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Jailed former E&Y exec loses challenge to restraining orders on $150M in assets
Arthur Moses 2019-09-30 8:11 pm By Christine Caulfield Sydney

A former Ernst & Young principal jailed for at least nine years for his role in a $135 million tax fraud has lost a challenge to two NSW Supreme Court orders barring access to $150 million worth of assets.

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‘Serious questions’ raised over conduct of lawyers, funder behind Banksia class action, judge says
Arnold Bloch Leibler 2019-09-26 2:01 pm By Christine Caulfield Melbourne

A judge overseeing a settled class action against failed Banksia Securities has rejected an application to limit a contradictor’s investigation of alleged professional misconduct on the part of the legal team and funder behind the case, saying he was satisfied there was a proper basis for the allegations.

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Judge ‘flummoxed’ about why 200 pelvic mesh cases are not a class action
AJB Stevens 2019-09-12 1:20 pm By Miklos Bolza Sydney

A Federal Court judge has expressed disbelief that hundreds of lawsuits are being pursued over allegedly defective  pelvic mesh, saying he was “absolutely flummoxed” as to why the law firm leading them hadn’t considered filing a class action.

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Liquidators can find some Plutus workers’ claims not a priority, judge says
Australian Government Solicitor 2019-09-09 2:47 pm By Cat Fredenburgh Sydney

The liquidators of Plutus Payroll Australia, the company at the heart of a high profile $105 million tax fraud, can determine that claims made during the liquidation by some of its 4,500 workers are not claims of employees and do not need to be prioritised.

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Hytera takes another shot at defending Motorola theft claims
Appeals 2019-09-09 2:11 pm By Cat Fredenburgh Melbourne

Hytera will take another shot at winning court approval to amend its defence so it can blame Motorola for not alerting it to the alleged theft of the US telco’s source code by former employees sooner.

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Estia Health seeks to strike out ‘defective’ class action pleadings
Class Actions 2019-09-05 9:24 pm By Miklos Bolza Sydney

Aged care provider Estia Health has launched a bid to strike out the pleadings in a Phi Finney McDonald-led shareholder class action, accusing the law firm of making “speculative allegations” in the hope of strengthening its case later on.

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