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Silk Norman O’Bryan likely to face further scrutiny after admissions in Banksia class action
Analysis 2020-08-06 9:06 pm By Christine Caulfield

Barrister Norman O’Bryan has accepted that he should be struck from the roll of legal practitioners after dropping his defence mid-trial against claims of professional misconduct as senior counsel for a class action financed by the late Mark Elliott, but the consequences for the once high-flying silk might not end there.

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Maurice Blackburn didn’t breach obligations by filing new TWE class action
Class Actions 2020-08-06 8:27 pm By Miklos Bolza

Maurice Blackburn did not breach its obligations by using material from a now settled class action against Treasury Wine Estates to draft new class action pleadings against the wine maker, a court has found.

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Resort villa owners to file strike out bid of Clive Palmer lawsuit
Class Actions 2020-08-06 4:01 pm By Miklos Bolza

Villa owners of the ill-fated Palmer Coolum Resort have flagged an impending strike out bid of a lawsuit brought by Clive Palmer, in which the mining magnate seeks to prevent the owners supporting a separate class action against him.

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Backpacker’s tax not discriminatory, appeals court finds
Employment 2020-08-06 3:55 pm By Alison Eveleigh

The Australian Taxation Office has won its appeal of a ruling that found that a 15 per cent ‘Backpacker’s Tax’ imposed on holders of Australian working holiday visas was unlawful.

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Hytera can’t ‘repackage’ deputy director as lay witness to avoid evidence rules on relevance
Intellectual Property 2020-08-06 3:39 pm By Miklos Bolza

A judge has found that Hytera Communications cannot “repackage” evidence given by one of its deputy directors to avoid rules about opinion evidence while defending a copyright infringement case by Motorola Solutions.

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Judge won’t recuse himself from Vannin Capital fight with Palmer companies
Restructuring & Insolvency 2020-08-06 3:32 pm By Alison Eveleigh

A judge has refused to recuse himself from a stoush between litigation funder Vannin Capital and Clive Palmer’s companies over the appointment of a barrister in a claim springing from the long-running Queensland Nickel liquidation case.

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Judge urges Komatsu to consider ‘adequacy’ of sex harassment defence
Employment 2020-08-05 7:24 pm By Alison Eveleigh

A judge has told mining equipment provider Komatsu to consider whether its sex harassment policies and training are an “adequate” defence to serious allegations of harassment and bullying by a female employee.

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High Court awards businessman $27M over Securency ‘shabby fraud’
Appeals 2020-08-05 5:26 pm By Miklos Bolza

The High Court has awarded $27 million in unpaid commissions to a Nigerian entrepreneur tricked into terminating his contract with international bank note manufacturer Securency, reversing a Full Court judgment which slashed his award.

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Mom behind viral bullying video hits Daily Telegraph publisher with defamation lawsuit
Defamation 2020-08-05 3:46 pm By Cat Fredenburgh

An Australian mother who posted a viral video of her son, who suffers from achondroplasia dwarfism, following a bullying incident has hit the Daily Telegraph’s publisher with a defamation lawsuit over a reporter’s retweet of conspiracy theories that the video was a fake.

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Corrs ‘mistake’ doesn’t doom ‘potentially quite significant’ evidence in Ford class action
Class Actions 2020-08-05 2:27 pm By Miklos Bolza

A judge has granted a mid-trial bid to bring in “potentially quite significant” new evidence in a class action against Ford over its allegedly defective PowerShift transmissions, finding the failure to file the material earlier was not deliberate but a “mistake” on the part of the lead applicant’s solicitors at Corrs Chambers Westgarth.

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