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Legal challenge to India travel ban would face high bar
COVID-19 2021-05-03 3:02 pm By Christine Caulfield

A controversial ban on Australians travelling home from India could face a legal attack for what some say is an unlawful overreaction to the COVID-19 crisis, but the prospects of success for any challenge are not clear, an expert tells Lawyerly.

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Court OKs $440M settlement in Queensland floods class action
Class Actions 2021-05-03 2:46 pm By Christine Caulfield

A $440 million settlement by the State of Queensland and dam operator Sunwater resolving a class action over the 2011 Queensland floods has been approved by a NSW judge.

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Law firm should rethink putting up own solicitor as expert in group costs order bid, judge says
Class Actions 2021-04-30 12:03 pm By Christine Caulfield

The judge overseeing the first ever bid for a group costs order in a class action that will give the plaintiff’s law firm a percentage cut of the proceeds has urged the firm to rethink characterising its own solicitor as an expert.

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Divided appeals court says judge’s grilling of expert witness ‘quite involved’ but not excessive
Courts 2021-04-29 5:02 pm By Christine Caulfield

An appeals court has split on whether a judge’s grilling of an expert witness in a personal injury case was appropriate, with the dissenting judge saying the questioning — which took up more than two-thirds of the cross examination — was excesssive, and hostile in parts.

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Megasave hit with $1.9M penalty for misleading prospective franchisees
Competition & Consumer Protection 2021-04-29 3:37 pm By Christine Caulfield

A judge has imposed a $1.9 million penalty against Megasave Couriers after the delivery company was found to have misled franchisees with false promises of guaranteed minimum weekly payments and annual income.

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Lawyer’s meeting notes don’t belong to client, HWL Ebsworth tells court
Financial Services 2021-04-29 2:20 pm By Christine Caulfield

A junior solicitor’s meeting notes during an ASIC investigation of ANZ did not belong to her client despite the lawyer billing for her attendance at the meeting, law firm HWL Ebsworth has argued before a skeptical judge.

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Crown fined $1M for breaking rules on junket operators
Crown Resorts 2021-04-27 11:00 pm By Christine Caulfield

The Victorian gaming regulator has hit Crown Melbourne with the maximum fine of $1 million for failing to comply with regulations for vetting junket operations.

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Refugee activist sued by Peter Dutton says his ‘rape apologist’ tweet was honest opinion
Defamation 2021-04-27 10:08 pm By Christine Caulfield

Defence minister Peter Dutton has brought defamation proceedings against a refugee activist who labelled Dutton a “rape apologist” on Twitter, but the activist says he was expressing an honest opinion and says politicians should have thicker skins.

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Otzuka, Bristol-Myers lose discovery bid in decade-old fight over Abilify
Intellectual Property 2021-04-27 4:46 pm By Christine Caulfield

The companies behind the top selling Abilify medication have lost their latest bid for documents from the Commonwealth in a multimillion dollar dispute over the delayed listing of generic versions of their drug, with a judge saying the material could be only “of the most marginal relevance”.

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Boral must pay $4.8M in cement supply stoush with Wagners
Construction 2021-04-27 2:21 pm By Christine Caulfield

Building products supplier Wagners has been awarded $4.8 million from Boral after Wagners successfully challenged a ruling in a high-stakes cement supply dispute with the construction material giant.

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