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Early common fund orders blessed by NZ appeals court in ANZ class action
Class Actions 2024-07-19 10:00 pm By Cindy Cameronne

A New Zealand appeals court has ruled that common fund orders can be made in class actions, even at the early stages, departing from the High Court of Australia in finding the commercial viability of a proceeding enhances access to justice. 

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Scrapped Chorley exception should not be revived based on law firm size, Full Court says
Business of Law 2024-07-16 11:11 pm By Cindy Cameronne

An incorporated legal practice has lost its bid to recover costs for work done by its own solicitors while self-represented in a dispute with a former client, with the Full Federal Court finding that making an exception based on firm size would “revive an inequality before the law”.

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Talent manager files appeal in Angus & Julia Stone’s $2.8M lawsuit
Entertainment 2024-07-15 11:02 pm By Cindy Cameronne

UK talent management company TaP Management has filed an appeal after a judge dismissed its bid to permanently stay a case by Australian musical duo Angus & Julia Stone, who allege their former manager overcharged them by $2.8 million. 

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Westpac unit RAMS faces trade mark appeal from fund manager RAM
Intellectual Property 2024-07-12 11:19 pm By Sam Matthews

Fund manager Real Asset Management has appealed a ruling which upheld mortgage broker RAMS’ bid to block the registration of two RAM trade marks. 

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EnerMech wins appeal in $10M feud with Acciona over Westconnex tunnel construction
Construction 2024-07-11 11:53 pm By Sam Matthews

Subcontractor EnerMech has won an appeal in its fight against Acciona over a $10 million progress payment for work on the Westconnex M4-M5 link, with an appeals court finding the question of whether EnerMech’s claim was a payment claim for construction work was a matter for an adjudicator, not the court.

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HWL Ebsworth, ex-partner file competing appeals over expulsion finding
Appeals 2024-07-10 4:01 pm By Cindy Cameronne

HWL Ebsworth and a former capital partner have both appealed a ruling that found the partner was invalidly expelled in 2020 but that his partnership had been dissolved from the day he sued his former firm. 

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Lawyers win appeal in professional negligence case over settlement advice
Professional Negligence 2024-07-09 11:54 pm By Sam Matthews

An appeals court has rejected a challenge by a woman who said she was given negligent advice by her lawyers about two settlement offers which she rejected, finding that she would not have taken advice to accept the offers in any case.

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Delta Building appeals $1.5M fine in National Gallery bid rigging case
Appeals 2024-07-04 12:07 pm By Cat Fredenburgh

Industrial technology company Delta Building Automation has appealed a $1.5 million penalty for attempting to rig a bid for construction work on the National Gallery of Australia, a penalty five times the amount it claimed it should face.

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In Wollemi appeal, Tesla CEO Robyn Denholm must prove it’s not just personal
Intellectual Property 2024-07-02 11:27 pm By Cat Fredenburgh

Tesla CEO Robyn Denholm has lodged an appeal that must convince the Federal Court that her family office’s use of the ‘Wollemi’ trade mark was not just private and personal, but use in trade or commerce that benefitted third parties, not just the family.

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Ord Minnett challenges ruling on wealth advisor’s wage entitlements
Financial Services 2024-06-28 1:43 pm By Cat Fredenburgh

Stockbroking firm Ord Minnett has challenged a judgment that found it must pay years of wages and other entitlements to a wealth adviser who was only remunerated by commission payments, a decision that could have major repercussions through the industry.

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