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After class action tanks, pelvic mesh patient wins extra time to bring case against doctor
Personal injury 2024-05-09 3:21 pm By Andy Sidler

A court has granted an extension to the limitation period for a pelvic mesh patient suing her doctor for negligence, finding she did not have the knowledge to bring the case before the three-year window closed and that her claim for substantial damages for personal injury appeared “well founded”. 

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Class action firms that play nice should not have a leg up in beauty parade, court told
Class Actions 2024-05-08 11:16 pm By Cat Fredenburgh

Appellate guidance is needed on whether a history of cooperation between law firms that brought competing class actions can be the deciding factor in a close carriage contest, the Victorian Court of Appeal has heard.

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Bruce Lehrmann had no win, no fee agreement with defamation law firm, court told
Defamation 2024-05-08 12:08 pm By Cindy Cameronne

Bruce Lehrmann had no behind-the-scenes financial backer for his failed and costly defamation case against Network Ten but had entered a no win, no fee arrangement with his solicitors, a court has heard.

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Livestream of Mark Latham trial may be cut off if parties face Lehrmann-like social media backlash
Defamation 2024-05-08 1:21 pm By Cindy Cameronne

Counsel for independent Sydney member Alex Greenwich has raised concerns about livestreaming the trial in his defamation case against former NSW One Nation leader Mark Latham after witnessing the “astonishing” and “very disturbing” social media commentary during the Bruce Lehrmann trial.

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No Crown immunity for damage to sacred sites in NT, High Court says
High Court 2024-05-08 11:02 pm By Christine Caulfield

The Commonwealth can be held criminally responsible for damage to First Nations sacred sites in the Northern Territory, the High Court has unanimously found in a case over construction damage to Gunlom Falls in Kakadu National Park.

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High Court clarifies law on reliance damages in contract spats
Contracts 2024-05-08 3:54 pm By Cindy Cameronne

The High Court has held that a contractor had a “prima facie entitlement” to recoup the costs of building an aircraft hangar in Cessnock, NSW, which it spent in reliance on the local government performing its obligations under their contract, in a case that clarifies how courts should assess reliance damages claims. 

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High Court asked to weigh in on employer’s duty to redeploy before redundancy
Appeals 2024-05-08 11:20 pm By Christine Caulfield

The High Court had been asked to clarify the extent of protection for employers for genuine redundancies under the Fair Work Act, after an appeals court found the exemption was “not absolute”.

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Personal injury firm succeeds in trade mark stoush against rival
Intellectual Property 2024-05-08 11:26 pm By Andy Sidler

Melbourne personal injury firm Law Partners Compensation Lawyers has successfully opposed a small Queensland firm’s registration of the name ‘Australian Law Partners’, with IP Australia saying ALP’s claim to distinctiveness was “not compelling.” 

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Class action reneges on $18M settlement with Merivale, says deal no longer fair
Employment 2024-05-07 12:27 pm By Christine Caulfield

In a highly unusual move, the applicant in an employment class action against hospitality giant Merivale has reneged on an $18 million settlement, saying a jump in group member registration since the deal was struck means the sum would no longer win court approval.

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‘Without precedent’: Failed Bonza Airlines owes 60,000 creditors, court told
Restructuring & Insolvency 2024-05-07 2:02 pm By Cindy Cameronne

Budget Australian airline Bonza owes almost 58,000 customers, 320 employees and 130 suppliers after it was put into voluntary administration last week when aircraft lessors claimed the airline was in default and grounded its planes, a court has heard. 

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