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Solicitor loses argument that costs assessors can’t get do-over
Business of Law 2023-07-10 5:15 pm By Gareth Baker

A Sydney solicitor has lost a 10-year-old dispute with a former client over fees, after unsuccessfully claiming a cost assessor’s conduct in issuing multiple preliminary cost certificates ran afoul of the Legal Profession Act.

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Hytera appeals ruling it stole Motorola’s code, copied computer programs
Intellectual Property 2023-07-10 5:36 pm By Christine Caulfield

Chinese radio manufacturer Hytera has launched an appeal of a ruling that it misappropriated the source code of US mobile phone giant Motorola in a case of “substantial industrial theft”.

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Care A2 loses bid for freezing order in case against Sports Flick exec
Corporate 2023-07-10 3:06 pm By Cindy Cameronne

Infant formula maker Care A2 Plus has lost a bid for a freezing order against the former chief financial officer of Sports Flick as it appeals a finding she had no involvement in a fellow executive’s “deceitful” scheme over a $5 million World Cup streaming deal. 

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‘Aldi bag of cash’ suit against Holding Redlich resolved, court hears
New South Wales 2023-07-07 1:32 pm By Gareth Baker

The NSW Labor Party has agreed to drop its case against law firm Holding Redlich for providing allegedly negligent advice over a $100,000 illegal cash donation delivered in an Aldi shopping bag.

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Monster Energy loses challenge to A&E Television’s trade mark
Intellectual Property 2023-07-07 5:42 pm By Gareth Baker

Monster Energy has lost a trade mark tiff with American broadcaster A&E Television, with IP Australia giving the media company the all-clear to register a mark for its ‘Monster Motor Challenge’ TV series. 

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Hotel detention legal, but lacked ‘care and humanity’, judge says
Human Rights 2023-07-06 10:27 pm By Gareth Baker

A federal court judge has slammed Australia’s use of makeshift hotel detention centres as lacking “ordinary human decency”, but ruled they are not illegal in the case of a Kurdish refugee who was held for 14 months in two Melbourne hotels. 

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HSF, Seven can’t set aside Nine’s subpoenas in Ben Roberts-Smith case
Defamation 2023-07-05 11:42 pm By Sam Matthews

Seven and law firm Herbert Smith Freehills have lost a bid to set aside subpoenas issued by Fairfax, as the publisher seeks third party costs orders against Seven for funding disgraced soldier Ben Roberts-Smith’s unsuccessful defamation case.

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AFP can’t get first impression trial in childcare operators’ defamation case
Defamation 2023-07-05 5:25 pm By Gareth Baker

A judge has knocked back a bid by the Australian Federal Police to have an upcoming trial over an allegedly defamatory press conference run on a stripped-back ‘first impression’ basis.

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Financial stakes high in Atanaskovic Hartnell’s challenge to ‘campaign of denigration’ ruling
Employment 2023-07-04 3:10 pm By Gareth Baker

An appeal by Atanaskovic Hartnell over a $330,000 damages judgment in favor of a former general manager is motivated in part by the court’s award of costs in what is a typical ‘no-cost’ employment case, the firm has told a judge, who questioned how much money had been spent on the case already.

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Life insurer Select AFSL, director hit with $13M penalty for unconscionable sales tactics
Insurance 2023-07-04 2:48 pm By Cindy Cameronne

Select AFSL, its related entities and its director have been slapped with $13.6 million in penalties after a judge found that the life insurer used unconscionable phone sales tactics to “wear down” often vulnerable consumers, including migrants and Indigenous communities.

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