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New competition class actions in the works against Apple, Google
Competition & Consumer Protection 2022-07-22 9:10 pm By Sam Matthews

Another law firm is planning competition class actions against Apple and Google over their app stores, just over a month after Phi Finney McDonald filed group proceedings against the tech giants, setting up a beauty parade that adds a wrinkle to similar cases brought by Epic Games.

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Court refuses admission to would-be solicitor with child exploitation convictions
Business of Law 2022-07-22 10:37 pm By Sam Matthews

An appeals court has found that a hopeful solicitor and self-described pornography addict is not suitable for admission to the roll, in light of several child exploitation convictions for possessing images and videos that “fell within the worst categories of such material.”

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Crypto class action can’t have ‘luxury of litigating’ without costs, judge says
Class Actions 2022-07-21 1:03 pm By Sam Matthews

A judge has ordered the lead applicants in an unfunded class action against the Southport-based issuer of Qoin to cough up $750,000 in security, despite hearing submissions that the costs order would kill the case.

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No whey: IP Australia sides with Fonterra in rejecting protein patent
Intellectual Property 2022-07-21 9:13 pm By Sam Matthews

IP Australia has rejected the patent application of Scandinavian dairy giant Arla Foods amba, finding its high-protein whey-based yoghurt invention lacked an inventive step.

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Family who forged will of ‘worst landlord’ still at loggerheads over properties
Estates 2022-07-21 10:33 pm By Sam Matthews

A judge has flagged the “regrettable” prospect of further litigation in relation the estate of  Melbourne businessman Frank Cassar, following a finding that Cassar’s will was forged in a conspiracy by his widow, daughter and son who feared losing his multimillion-dollar business empire after his death.

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Forum Finance director to get $1.25M for legal funds, despite ‘Byzantine’ financials
Financial Services 2022-07-20 10:35 am By Sam Matthews

Bill Papas’ business partner Vince Tesoriero has won the release of $1.25 million to pay for his legal fees in Westpac’s fraud case against him, despite a judge’s finding that disclosure concerning his true financial position was “less than ideal” and included “staggering” discrepancies.

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Barrister cites finding that PwC used ‘postbox’ lawyer in Noumi class action privilege spat
Class Actions 2022-07-19 4:18 pm By Sam Matthews

A fight over a global privilege claim by Noumi has been foreshadowed in a consolidated shareholder class action against the food company, formerly Freedom Foods.

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Forum Finance director failed to disclose $150,000 in assets to court
Financial Services 2022-07-19 5:40 pm By Sam Matthews

Forum Finance director Vince Tesoriero has been caught out for failing to declare over $150,000 to the court, as he took the stand to defend evidence given about his financial position in Westpac’s fraud case against him.

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Nuix slams class action carriage agreement as ‘anti-competitive’
Class Actions 2022-07-18 4:18 pm By Sam Matthews

Shine and Phi Finney McDonald’s fallback plan to cooperatively run a class action against Nuix has come under fire, with the technology company urging the court to make the two firms compete against one another for sole carriage.

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Uber appeals ‘overbroad’ ruling in fight over privileged documents
Class Actions 2022-07-18 5:03 pm By Sam Matthews

Uber is challenging a ruling that found many email exchanges with its lawyers were made in furtherance of offences and were not protected by legal professional privilege, saying it would be forced to hand over to a class action “bog standard” legal advice.

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