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AMS says vaginal mesh claims don’t meet bar for class action
Baker McKenzie 2018-11-08 2:45 pm By Cat Fredenburgh

Medical device maker AMS has told the Federal Court that claims in a class action against it over allegedly defective pelvic mesh implants did not meet the standard for a representative proceeding.

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ACCC won’t oppose Fairfax, Nine merger
Ashurst 2018-11-08 11:25 am By Cat Fredenburgh

The ACCC said Thursday that while the merger of Fairfax Media with Nine Entertainment is likely to reduce competition among media providers, it will not oppose the tie-up.

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ABC, Fairfax appeal in Chau Chak Wing case to have ‘massive ramifications’ for press, court hears
Defamation 2018-11-07 10:27 pm By Miklos Bolza

A barrister for the ABC and Fairfax has told the Federal Court that an appeal against the dismissal of their truth defence in the Chau Chak Wing defamation case will have “massive ramifications for mass media”.

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Bank of Queensland loses fight with insurer over $6M class action settlement
Class Actions 2018-11-07 10:22 pm By Cat Fredenburgh

Bank of Queensland has lost a dispute with two insurers over coverage for a $6 million settlement of a class action brought by investors in a Ponzi scheme by jailed scammer Bradley Sherwin, with a judge shooting down the bank’s argument that the class action should only be considered one claim under the policy.

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Judge can’t see ‘sinister pattern’ in Geoffrey Rush’s behaviour
Ashurst 2018-11-07 10:16 pm By Miklos Bolza

The judge overseeing Geoffrey Rush’s defamation trial interjected in Nationwide News’ closing submissions on Wednesday, expressing doubt about the publisher’s interpretation of evidence — including a text message with a tongue emoji Rush sent to his accuser — said to back its defence in the case.

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Sarah Hanson-Young’s defamation case survives Leyonhjelm’s dismissal bid
Defamation 2018-11-07 9:50 pm By Christine Caulfield

A defamation case brought by Greens senator Sarah Hanson-Young against fellow senator David Leyonhjelm will go ahead after Leyonhjelm lost a bid to shut the suit down on the grounds of parliamentary privilege.

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Advangen must pay Ikon $1M for TV ads despite buyer’s remorse
Competition & Consumer Protection 2018-11-07 9:29 pm By Cat Fredenburgh

Hair loss treatment company Advangen International has been ordered to fork over $940,000 to advertising agency Ikon Communications after refusing to pay for an ad campaign it claimed was a flop.

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Parramatta boss accuses Fairfax of ‘reckless indifference’ for truth
Banki Haddock Fiora 2018-11-06 9:29 pm By Miklos Bolza

The former chief executive officer of Sydney’s Parramatta Council is suing Fairfax Media, saying three articles published in the Sydney Morning Herald accusing him of lying on his resume were defamatory.

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Hytera must hand over Chinese docs in Motorola spat, judge says
Herbert Smith Freehills 2018-11-06 9:06 pm By Cat Fredenburgh

Shenzen-based radio manufacturer Hytera Communications has lost a bid to circumvent its discovery obligations in an ongoing patent dispute with Motorola, with a Federal Court judge rejecting its claims that supplying the documents could breach Chinese state secret and cybersecurity laws.

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Judge orders change to opt out notice after Maddens lawyer’s ‘misleading’ comments
Class Actions 2018-11-06 3:19 pm By Cat Fredenburgh

A judge has ordered changes be made to the opt out notice in three class actions over the 2018 St. Patrick’s Day bushfires in South West Victoria, after insurers complained comments made by a Maddens principal to a local newspaper were misleading.

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