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IMF poised to take over class actions from rival funders rattled by common fund ruling
Class Actions 2020-01-20 3:57 pm By Miklos Bolza

Litigation funder IMF Bentham has shrugged off concerns about the High Court’s recent ruling on common fund orders, telling investors that it’s in a position to take over some class actions from funders daunted by the prospect of bookbuilding.

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ATO appeals ruling in $60M dispute with Healius over lump sum payments
Appeals 2020-01-15 12:24 pm By Miklos Bolza

The Australian Taxation Office has appealed a Federal Court judgment that healthcare company Healius could recover a tax refund and associated interest estimated to be worth about $60 million.

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IOOF unit’s appeal targets Sparke Helmore
Legal Ethics 2020-01-13 4:48 pm By Miklos Bolza

An IOOF subsidiary has appealed a $76.6 million judgment finding it breached its duty in the sale of a 46,000 hectare plantation by collapsed forestry giant Gunns Group and shooting down its cross claim seeking to pass liability onto law firm Sparke Helmore.

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Full Court says Oxworks wrongly awarded extra damages in patent suit
Intellectual Property 2020-01-09 5:14 pm By Miklos Bolza

The Full Federal Court has provided clarity around additional damages in patent cases by reducing the penalties liable to be paid by an Australian fencing and gate manufacturer found to have infringed a rival’s patent for a fence base.

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Ex-Norton Rose partner can’t block King & Wood Mallesons from acting for former firm
Appeals 2020-01-07 10:17 pm By Cat Fredenburgh

A former Norton Rose Fulbright partner has lost his bid to block King & Wood Mallesons and two barristers from representing the law firm in a long-running feud over his termination, with an appeals court calling his allegations against the legal team “unfounded and misconceived”.

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Corrs partner on the hook for security in DNA patent appeal
Intellectual Property 2020-01-06 5:32 pm By Miklos Bolza

A partner at Corrs Chambers Westgarth who successfully opposed a genome editing patent by ToolGen, and a corporate predecessor of law firm Ashurst, have been ordered to pay $375,000 in security in an appeal launched by the South Korean biotech firm.

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Ashurst partner’s appeal flops in Point Piper property spat with ex-judge
Appeals 2020-01-06 2:35 pm By Miklos Bolza

An Ashurst partner that argued a judge was “confused” when he decided to appoint liquidators to his luxury Point Piper home in a dispute with an ex-judge neighbour has lost his challenge to the ruling.

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Takata airbags class actions confirm landmark challenge to class closure order
Appeals 2019-12-17 10:50 pm By Miklos Bolza

The applicants in a group of class actions over defective Takata airbags are pushing ahead with a challenge to the power of the NSW Supreme Court to issue class closure orders in the aftermath of a High Court decision shooting down common fund orders, a fight that could send the cases back to the High Court. 

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Court slashes $450,000 judgment against HWL Ebsworth
Employment 2019-12-17 4:05 pm By Miklos Bolza

An appeals court has slashed a $450,000 judgment against law firm HWL Ebsworth to $127,000, after finding a former partner who sued the firm for unfair dismissal had not lost the opportunity to seek other employment.

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High Court to hear landmark personal leave case
Employment 2019-12-13 10:42 pm By Cat Fredenburgh

The High Court will hear food manufacturer Mondelez’ challenge to a ruling that struck down its method for calculating workers’ personal days.

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