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High Court asked to weigh in on client’s burden of proof in HWL Ebsworth negligence case
Business of Law 2024-05-07 11:48 pm By Cat Fredenburgh

The High Court has been asked to weigh in on whether a client needs to prove it could have exploited a lost commercial right in order to prevail in a law firm negligence case, after HWL Ebsworth successfully appealed a decision that found its bad advice over property in Parramatta’s ‘Auto Alley’ cost a client $2 million.

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Funder’s ‘very large’ cut of $100M AMP class action revealed
Class Actions 2024-05-07 11:01 pm By Cindy Cameronne

The funder of a class action by financial advisers against AMP is seeking a $28.5 million profit from a $100 million settlement, a hefty payout that has prompted the appointment of a contradictor but may survive the scrutiny in light of a recent appeals court decision.

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Instagram resolves trade mark feud with data app Instagoods
Intellectual Property 2024-05-07 11:53 pm By Cat Fredenburgh

Instagram has resolved a long-running intellectual property stoush with an Australian dating app over its use of the ‘Instagoods’ and ‘Instadate’ marks.

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‘Get the coffees’ request to senior engineer not gender-based harassment, FWC finds
Employment 2024-05-07 11:02 pm By Cindy Cameronne

A request to a female senior engineer for WSP to “get the coffees” during a client meeting did not amount to gender-based harassment, the Fair Work Commission has found in rejecting the engineer’s unfair dismissal claim.

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London City Equities seeks wind up orders against Excelsior over $101M sale
Corporate 2024-05-06 11:53 pm By Cindy Cameronne

Investment firm London City Equities is seeking to have fellow publicly traded firm Excelsior wound up for alleged shareholder oppression over its decision to sell off a subsidiary for $101 million and not distribute the proceeds.

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Public housing class action tossed, but judge gives applicant another shot
Class Actions 2024-05-03 4:18 pm By Sam Matthews

A judge has granted the Victorian government’s bid to dismiss a class action over its decision to retire Melbourne’s high-rise public housing towers, but allowed the applicant to recast his claim, despite protests from the state. 

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Qoin crypto issuer made misleading statements, court finds in win for ASIC
Cryptocurrency 2024-05-03 11:15 pm By Cindy Cameronne

A court has found Qoin cryptocurrency issuer BPS Financial made false and misleading claims about its product, in a win for the corporate regulator and a likely boost for a class action against the Gold Coast-based digital currency company.

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7-Eleven defeats Seven Network’s opposition to ‘7-Select’ trade mark
Intellectual Property 2024-05-03 11:51 pm By Andy Sidler

Convenience chain 7-Eleven has defeated Seven Network’s challenge to its bid to trade mark ‘7-Select’ for a new brand of products targeting younger shoppers, with an IP Australia delegate finding consumer confusion was not likely.

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Full Court awards $24.5M commission to 7-Eleven class action funder
Appeals 2024-05-02 3:33 pm By Sam Matthews

The Full Federal Court has found the court’s recently-affirmed power to make common fund orders at settlement means the litigation funder that backed two class actions against 7-Eleven is entitled to a $24.5 million cut from a $98 million settlement, in a decision that slammed the parties for a settlement approval process that “went off the rails”, costing group members $2.5 million.

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PwC says it’s not liable for employee’s alleged sexual harassment at Sydney bars
Employment 2024-05-02 2:53 pm By Sam Matthews

PricewaterhouseCoopers has struck back at claims in a Fair Work suit brought by a graduate associate, denying liability for the alleged sexual harassment by the woman’s manager at multiple Sydney bars.

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