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Privilege ruling in Noumi case could hamper ASIC investigations, regulator says
Appeals 2024-05-30 2:47 pm By Cindy Cameronne

ASIC has argued a recent ruling that found Noumi waived privilege over a PwC report by providing it to the regulator could dissuade people from voluntarily disclosing information during investigations and cause a “loss of public benefit” if allowed to stand. 

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McDonald’s says it can set off claims in class action over unpaid pre-shift work
Employment 2024-05-30 11:41 pm By Cindy Cameronne

McDonald’s has hit back at a class action over alleged unpaid work done by managers before and after shifts, saying it paid more than the minimum entitlements and is entitled to set off those payments against claims for compensation. 

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Investor Nicholas Bolton fights $300,000 legal bill from Atanaskovic Hartnell
Business of Law 2024-05-29 11:33 pm By Cindy Cameronne

Law firm Atanaskovic Hartnell has argued that its alleged failure to provide updated fee estimates while acting for a company associated with investor Nicholas Bolton did not mean he is immune from paying fair and reasonable legal fees assessed at $308,940. 

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Law firm loses challenge to Glaxo’s term extension for COPD patent
Intellectual Property 2024-05-29 10:05 pm By Cindy Cameronne

Drug giant Glaxo has succeeded in extending the term for a patent for a drug that treats chronic obstructive pulmonary disease and asthma, with a delegate rejecting arguments from law firm Banki Haddock Fiora that the application was incorrectly based on a patent that was no longer valid because of amendments.

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What’s unjust about them? Full Court appears open to contingency fees for class action lawyers
Class Actions 2024-05-28 11:53 pm By Cindy Cameronne

Hearing arguments Tuesday on whether lawyers should be permitted to earn contingency fees in Federal Court class actions, judges on a Full Court bench appeared to lean in favour of allowing so-called solicitors’ common fund orders, rejecting claims they are “unjust”. 

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Seven resurrects ‘7NOW’ trade mark in latest fight with 7-Eleven
Intellectual Property 2024-05-27 11:33 pm By Cindy Cameronne

Seven Network has partially succeeded in appealing a decision that revoked its rights to the ‘7NOW’ trade mark for non-use, with the Full Court finding the broadcaster used the mark on its news promotion website.

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Jaguar class action judge did not ‘become a witness’ in siding with G+T, says Full Court
Class Actions 2024-05-27 11:52 pm By Cindy Cameronne

While it was unfair for a judge to pick Gilbert + Tobin to run a class action against Jaguar Land Rover on the condition that it lower its funding rate, the judge was entitled to consider the law firm’s experience in a similar case against Toyota, an appeals court has said in its reasons. 

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Hastie liquidators lose appeal bid in $63.5M case against Multiplex, others
Construction 2024-05-27 2:34 pm By Cindy Cameronne

The liquidators of collapsed engineering company Hastie Group have lost their bid to appeal a decision that knocked out half its $120 million case against Multiplex, Lendlease and numerous other builders.

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Toyota class action loses bid for emissions cheat source code
Class Actions 2024-05-24 10:59 pm By Cindy Cameronne

A class action against Toyota alleging it installed diesel defeat devices in several models of its vehicles has lost a bid to access source code for the cars’ emissions control systems, with a judge finding it was not relevant to any current fact in issue. 

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Brickworks forced to close doors in WA after ‘predatory pricing’ by rival BGC, court told
Competition & Consumer Protection 2024-05-24 10:56 pm By Cindy Cameronne

Australia’s largest brick manufacturer Brickworks has accused a rival founded by billionaire Len Buckeridge of substantially lessening competition in Western Australia through a 2021 acquisition and engaging in predatory pricing that caused it to shut its doors in the state.

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