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Spotless on the hook for redundancy entitlements after High Court declines special leave
High Court 2020-12-11 2:26 pm By Cat Fredenburgh

The High Court will not hear cleaning services giant Spotless Group’s challenge to a ruling that found it must pay redundancy entitlements to a group of workers it sacked.

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Designer drops ‘ill-advised’ lawsuit over bikini style trade mark
Intellectual Property 2020-12-10 9:57 pm By Cat Fredenburgh

Women’s fashion designer Pinnacle Runway has cut its losses and dropped its challenge to a ruling that found a rival’s use of the name ‘Delphine’ to describe a bikini style did not constitute trade mark infringement, after a judge hit the company with indemnity costs for pursuing the ‘ill-advised’ lawsuit.

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‘I didn’t put two and two together’: Lawyer says he never caught on to misconduct in Banksia case
Class Actions 2020-12-09 10:54 pm By Christine Caulfield

Solicitor Alex Elliott has said it never clicked with him that members of the legal team running the Banksia class action were misleading an appeals court when his father — the mastermind behind the alleged deception — told him to sign cheques for lawyers that they could not cash.

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Opal Tower concrete manufacturer appeals loss to insurer over coverage of legal bills
Insurance 2020-12-09 9:22 pm By Spencer Fowler Steen

The prefab concrete specialist behind Sydney’s Opal Tower has appealed a ruling letting its insurers off the hook to pay costs in advance incurred in defending cross-claims in two lawsuits over the ill-fated tower.

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Routine email destruction ‘bombshell’ on eve of Banksia funder’s death just a ruse, court told
Class Actions 2020-12-08 11:25 pm By Christine Caulfield

The funder accused of a fraudulent scheme to pocket inflated fees from the Banksia Securities class action produced less than 200 documents to the contradictor in the case and invented a story about a routine email purging practice to explain the discovery hole, a court has heard.

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High Court to hear challenge to ruling over ‘defamatory’ Facebook comments
High Court 2020-12-08 10:57 pm By Cat Fredenburgh

Three media companies have been granted special leave by the High Court to challenge a finding that they could be held liable for allegedly defamatory remarks left under news articles they posted on Facebook.

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Ex-Norton Rose Fulbright partner says $160,000 damages ‘manifestly inadequate’
Appeals 2020-12-08 4:50 pm By Christine Caulfield

A sacked Norton Rose Fulbright partner is challenging a $160,000 award handed down by a judge who found the law firm intentionally deceived him in litigation over his dismissal, arguing the sum is “manifestly inadequate”.

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Last stop for ACCC as High Court refuses leave to appeal Pacific National, Aurizon deal
Competition & Consumer Protection 2020-12-08 1:34 pm By Christine Caulfield

The ACCC has reached the end of the line in its challenge to Pacific National’s $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, with the High Court dismissing the competition regulator’s application to take up the appeal.

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Elaine Stead is ‘cretinously stupid’, AFR columnist tells court
Defamation 2020-12-07 10:08 pm By Miklos Bolza

The columnist behind two allegedly defamatory Australian Financial Review articles has told the court that he believed former Blue Sky managing director Dr Elaine Stead was “cretinously stupid” because of her “astonishingly ridiculous” behavior on social media at the time of the company’s collapse.

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High Court asked to deal death blow to common fund orders
High Court 2020-12-07 4:57 pm By Cat Fredenburgh

Convenience store chain 7-Eleven has asked the High Court to find courts do not have the power to make common fund orders at settlement or judgment in a class action, one year after the High Court ruled common fund orders could not be made in the early part of a representative proceeding.

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