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Judge slams ‘extremely unhelpful’ Qantas defence in underpayment case
Ashurst 2019-02-01 11:17 pm By Miklos Bolza

A judge has taken Qantas to task over its defence in a Fair Work case brought by the Australian Licenced Aircraft Engineers Association union over alleged underpayments to LA-based mechanics, calling the document “extremely unhelpful”.  

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It’s the vibe of the thing: all eyes on constitutional challenge to common fund orders
Allens 2019-02-01 11:16 pm By Christine Caulfield

An unprecedented joint-sitting of two appeals courts will this week hear a constitutional challenge to the power of judges to make so-called common fund orders, a challenge that could have significant ramifications for class actions even if they don’t fall foul of the ‘vibe of the thing’.

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Class fights to use settlement evidence in Ethicon pelvic mesh case
Class Actions 2019-02-01 11:00 pm By Miklos Bolza

A class action against Ethicon over allegedly faulty pelvic mesh implants wants introduce confidential evidence from prior settlement negotiations as it attempts to shut down the medical device maker’s class closure application.

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Ceramiche Caesar appeals honest concurrent use trade mark ruling
Intellectual Property 2019-02-01 10:27 pm By Cat Fredenburgh

Ceramic tile maker Ceramiche Caesar has appealed a judge’s decision allowing building products maker Caesarstone to register two trade marks that are deceptive similarity to one of its marks, with the judge finding Caesarstone had shown honest concurrent use of the marks.

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Maurice Blackburn slings mud at ‘less experienced’ firm in BHP class action battle
Appeals 2019-02-01 5:12 pm By Cat Fredenburgh

Maurice Blackburn has criticised a judge’s decision to award carriage of a massive shareholder class action against BHP over the fatal collapse of a dam at its Brazilian mine to “less experienced” firm Phi Finney McDonald, lodging what is now the second high-stakes challenge to a ruling permanently staying a competing class action.

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GetSwift to contest High Court special leave bid
Appeals 2019-01-31 11:17 pm By Christine Caulfield

Logistics startup GetSwift has confirmed it will fight an appeal to the High Court by law firm Squire Patton Boggs challenging a landmark ruling that permanently stayed two of three competing shareholder class actions against the company.

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Visa settles competition lawsuit over currency conversion ban
Arnold Bloch Leibler 2019-01-31 10:01 pm By Cat Fredenburgh

Visa has resolved a lawsuit by a fintech founder alleging it misused its market power by banning the use of dynamic currency conversion services in several countries, including Australia and the US.

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Judge OKs $16.4M Cash Converters settlement, but axes scheme administrator clause
Class Actions 2019-01-31 7:51 pm By Miklos Bolza

A judge has signed off on a $16.4 million settlement of a class action against Cash Converters, but not before scrapping a clause he said tied the court’s hands by making the deal conditional on the appointment of Maurice Blackburn as scheme administrator.

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Mylan loses lawsuit against Sun Pharma over cholesterol drug patents
Ashurst 2019-01-31 7:30 pm By Miklos Bolza

Generic drug maker Sun Pharma has emerged victorious in a lawsuit brought against it by Mylan relating to Sun’s plans to launch a generic version of cholesterol drug fenofibrate.

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Jones Day adds partner to Singapore arbitration group
Arbitration 2019-01-31 6:59 pm By Cat Fredenburgh

An Australian partner of international law firm Jones Day has moved to the firm’s Singapore office to bolster its growing team of international arbitration specialists.

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