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Banksia silk Norman O’Bryan signals possible appeal after failure to reopen defence
Legal Ethics 2021-03-18 10:29 pm By Christine Caulfield

Once high-flying barrister Norman O’Bryan might seek to challenge a refusal by the judge overseeing the Banksia class action to revisit his abandoned defence and accept into evidence a document he claims proved he did not secretly hold shares in the funder behind the case.

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Treasury Wine can seek security before contingency fee request decided
Class Actions 2021-03-18 9:14 pm By Cindy Cameronne

A judge has allowed Treasury Wine Estates to apply for security for costs before a group costs order application is decided, in a class action accusing the wine maker of breaching its continuous disclosure obligations.

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Melbourne personal injury firm accused of breaching duties to client
Personal injury 2021-03-18 5:28 pm By Miklos Bolza

A Melbourne-based personal injury firm has been sued for negligence and breach of contract by a former client who says he was not properly advised about the consequences of a $77,500 settlement after being assaulted while working as a security guard.

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Former solicitor-general to defend ABC in Christian Porter’s defamation case
Defamation 2021-03-18 3:15 pm By Christine Caulfield

Former Solicitor-General Justin Gleeson SC, who recently called for an inquiry into Attorney-General Christian Porter’s fitness for office in the face of rape allegations, will represent the ABC against Porter’s defamation claims.

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Wolf of Wall Street wannabe cops 10-year ban for ‘serious’ disregard for compliance
Financial Services 2021-03-18 2:42 pm By Miklos Bolza

The director of now defunct foreign exchange and derivative trader Forex Capital Trading has been banned from providing financial services for 10 years after ASIC found he had a serious lack of regard for compliance while overseeing the firm’s Wolf of Wall Street-esque trading floor culture.

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‘A disappointing result’: Judge approves $25M settlement in Dick Smith class actions
Class Actions 2021-03-17 11:52 pm By Cat Fredenburgh

A judge has approved a “disappointing” $25 million settlement in long-running class action litigation over the collapse of electronics retailer Dick Smith with claims worth hundreds of millions of dollars.

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Funder of scandal-ridden Banksia class action expresses ‘remorse and regret’
Legal Ethics 2021-03-17 10:44 pm By Christine Caulfield

The litigation funding company controlled by the late solicitor Mark Elliott has told a court of its “remorse and regret” for its misconduct in the Banksia Securities class action, a case that has been described as the “darkest chapter in Victoria’s legal history”.

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‘Disturbing number of similarities’: Judge slaps interim injunction on ‘RestQ’ trade mark use
Intellectual Property 2021-03-17 8:33 pm By Cindy Cameronne

A judge has issued an injunction temporarily barring use of the RestQ trade mark on sleep products sold by Martin & Pleasance because of a ā€œdisturbingā€ number of similarities with the marketing and appearance of an established competitorā€™s Rescue natural sleep aid product.

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‘I donā€™t go to court, Iā€™m the boss’: Lawyer suing Daily Telegraph says poor hearing didn’t affect court attendance
Defamation 2021-03-17 4:31 pm By Cindy Cameronne

A Sydney criminal lawyer who alleges two Daily Telegraph articles defamed him by implying he was too old and deaf to represent clients has told a judge he doesn’t attend court much because he’s the “boss” at his law firm, not because he has suffered hearing loss.Ā 

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Hendry Group says ex-CEO ousted because of ‘serious concerns’, not sex discrimination complaints
Employment 2021-03-17 4:30 pm By Miklos Bolza

Business consultancy Hendry Group has told a court there was “no possible causal connection” between sex discrimination complaints brought by a former CEO and her suspension, saying that the company showed her the door because of “genuine and serious concerns” about her conduct.

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