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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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Clive Palmer hit with $1.5M in damages for ‘contemptuous’ infringment of Twisted Sister anthem
Intellectual Property 2021-04-30 10:23 am By Miklos Bolza

A judge has ordered mining magnate Clive Palmer to pay damages of $1.5 million to Universal Music for his “contemptuous” behaviour in infringing “substantial parts” of Twisted Sister’s 1985 heavy metal hit ‘We’re Not Gonna Take It’ in advertisements for his political party.

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Ben Roberts-Smith accused of threatening ex-wife ahead of defamation trial
Defamation 2021-04-29 7:18 pm By Cindy Cameronne

Ben Roberts-Smith threatened legal action against his ex-wife, who is set to give evidence against him in an upcoming defamation trial, if she disclosed information to Fairfax’s lawyers that is subject to a confidentiality agreement, a court has heard.

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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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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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Group size trimmed in aged care class actions over COVID-19 outbreaks
COVID-19 2021-04-28 9:07 pm By Cindy Cameronne

Staff members who worked for two Melbourne aged care providers will be removed as group members in class actions accusing the homes of negligently handling the coronavirus pandemic.

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WA premier chips away at Clive Palmer’s defence in border closure defamation case
Defamation 2021-04-28 8:45 pm By Cindy Cameronne

A judge has partially struck out mining magnate Clive Palmer’s defence to WA Premier Mark McGowan’s defamation claim over statements which allegedly accused the premier of corruption, abusing his position and lying about the decision to close the state’s borders at the height of the COVID-19 pandemic last year.

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Judge puts class action lawyers on notice to reduce costs with junior barristers
Class Actions 2021-04-28 3:02 pm By Miklos Bolza

A Federal Court judge has ordered that a referee consider how junior barristers were used in assessing the legal costs in an insurance class action against Westpac which the bank has agreed to pay up to $30 million to settle.

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CBA warns of ‘danger’ in using app to alert customers to $7M penalty
Financial Services 2021-04-28 2:31 pm By Miklos Bolza

The Commonwealth Bank of Australia is resisting a novel proposal by ASIC to use its CommBank app to notify 6.3 million customers of a $7 million fine against it for overcharging interest, saying the move would pose a “significant risk” to the public.

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Mediation success rates have ‘plummeted’ in COVID era, judge says
Financial Services 2021-04-28 2:14 pm By Miklos Bolza

A judge has urged parties in a class action against Westpac over superannuation fees to hold an in-person mediation, saying that success rates have “plummeted” during the COVID-19 pandemic as more settlement talks are held virtually.

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