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Judge strikes Banksia funder’s son from roll, OKs settlement with barrister’s wife
Class Actions 2023-07-31 11:37 am By Christine Caulfield

The son of the architect of the Banksia class action fraud has been struck from the roll of lawyers by a Supreme Court of Victoria judge, who on Monday also approved a settlement with companies linked to the disgraced senior counsel for the case.

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National Tiles boss Frank Walker can shield legal docs in fraud case by ousted director
Corporate 2023-07-31 11:41 pm By Christine Caulfield

A judge has sided with National Tiles founder Frank Walker over the privilege status of advice from his lawyers in a case by a former director alleging Walker falsified minutes of a crucial company board meeting, saying the evidence on its face did not suggest the minutes had been fabricated.

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Cosmetic Institute surgeons can’t declass breast implant action
Class Actions 2023-07-28 4:28 pm By Christine Caulfield

A judge has tossed out an application by a group of surgeons who formerly worked for The Cosmetic Institute to declass a representative proceeding on behalf of 13,500 patients who claim they suffered injury or complications from breast augmentation surgery.

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James Hardie facing shareholder class action over net income downgrade
Construction 2023-07-28 11:53 pm By Christine Caulfield

Building materials giant James Hardie Industries is facing a class action alleging it breached its disclosure obligations over its adjusted net income forecasts for the 2023 financial year.

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Ex-Cushman & Wakefield director appeals ban on office leasing role with rival
Real Estate 2023-07-28 11:30 pm By Christine Caulfield

A former Cushman & Wakefield director is appealing a ruling released Friday that upheld a non-compete restraint in her employment contract with the real estate services giant.

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Monster Energy’s security for costs bid ‘manifestly excessive’, judge says
Intellectual Property 2023-07-28 2:40 pm By Christine Caulfield

The security sum sought by Monster Energy from an inventor suing the beverage giant for patent infringement was “manifestly excessive”, a judge has said, and was based on an estimate of costs that included the fees of three solicitors and two barristers at an interlocutory hearing.

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Arrium class action’s potential loss of contingency fee irrelevant to transfer fight, KPMG says
Class Actions 2023-07-27 5:06 pm By Christine Caulfield

The possibility that a NSW judge will revoke a contingency fee order made in a class action over Arrium’s collapse is irrelevant to whether the proceedings should be transferred from Victoria to the appropriate forum, Arrium’s auditor KPMG has told a court.

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Viterra goes to High Court in epic fight with Cargill over Joe White sale
High Court 2023-07-27 11:27 pm By Christine Caulfield

Glencore-owned Viterra has taken its 10-year fight with Cargill to the High Court after an appeals court upheld a judgment putting it on the hook for almost $300 million in damages for misleading representations in the sale of malt producer Joe White in 2013.

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Judge won’t recuse himself from influencer case over ‘neighbourhood dispute’ remark
Defamation 2023-07-26 11:03 pm By Christine Caulfield

A Federal Court judge has dismissed an application for his recusal on apprehended bias grounds for comments made about the significance of a defamation case against a Sydney seafood restaurant by social media influencers accused of skipping out on the bill for their lobster meal.

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Peloton resolves trade mark case against Mad Dogg on eve of trial
Intellectual Property 2023-07-26 4:26 pm By Christine Caulfield

Just days before trial, exercise bike giant Peloton Interactive has dropped its lawsuit against California fitness company Mad Dogg Athletics that sought removal of Mad Dogg’s ‘spinning’ trade mark.

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