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‘O Come, All Ye Faithful’ inspired Twisted Sister rock anthem, Dee Snider admits
Trials 2020-10-20 1:27 pm By Miklos Bolza

Heavy metal singer Dee Snider has admitted under cross-examination that ‘O Come, All Ye Faithful’ influenced Twisted Sister’s rock anthem ‘We’re Not Gonna Take It’ but denied that he had “borrowed” elements of the Christmas carol for the 1985 hit.

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ā€˜An indulgenceā€™: Judge rejects stay as Alex Elliott appeals recusal loss in Banksia class action
Class Actions 2020-09-09 2:31 pm By Alison Eveleigh

The judge overseeing professional misconduct claims against lawyers in the Banksia class action has denied Alex Elliottā€™s request to stay the case against him while he takes his recusal application to the Court of Appeal, branding the stay ā€˜an indulgenceā€™.

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Lawyer Alex Elliott seeks recusal of judge in Banksia class action proceedings
Legal Ethics 2020-08-27 2:35 pm By Miklos Bolza

The son of controversial class action lawyer Mark Elliott has hired a big gun barrister to represent him in the Banksia class action proceedings and will be asking the judge overseeing the case against him to step aside.

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Banksia funder’s son must give ‘full and frank’ explanation of alleged role in fee scandal
Trials 2020-08-21 3:55 pm By Christine Caulfield

Lawyer Alex Elliott, the son of the funder behind the Banksia Securities class action, has been ordered to give a “full, frank and honest” explanation of his role in an alleged fraudulent scheme to inflate legal fees in the case, and he risks his career if he’s not forthcoming.

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Silk Norman O’Bryan, Mark Elliott’s son targeted in bid to recoup $7M legal bill
Trials 2020-08-17 9:22 pm By Christine Caulfield

Disgraced senior counsel Norman O’Bryan and the son of deceased lawyer Mark Elliott are among the targets of a summons for $7 million in legal bills racked up in the fight over commission and costs in the Banksia Securities class action, a fight that has already claimed the career of O’Bryan and another barrister.

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Hytera can’t ‘repackage’ deputy director as lay witness to avoid evidence rules on relevance
Intellectual Property 2020-08-06 3:39 pm By Miklos Bolza

A judge has found that Hytera Communications cannot “repackage” evidence given by one of its deputy directors to avoid rules about opinion evidence while defending a copyright infringement case by Motorola Solutions.

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GetSwift drafted correction to misleading ASX announcement, never released it, director says
Trials 2020-06-23 8:55 pm By Miklos Bolza

A former director of GetSwift has given evidence at trial in ASIC’s case against the logistics provider that the company drafted a correction to a misleading ASX announcement about a deal with fruit and milk delivery provider Fruit Box but never released it.

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Trial judge urges common sense in ASIC case against GetSwift
Securities 2020-06-22 4:58 pm By Miklos Bolza

A judge has dismissed a defensive bid by ASIC to amend its case against GetSwift mid-trial, instead calling on “common sense” to be injected into the proceeding as the hearing enters its second week.

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Rejecting ‘highly experimental’ alternative, judge vacates Motorola, Hytera copyright trial
Intellectual Property 2020-04-27 4:30 pm By Cat Fredenburgh

A judge has vacated the next stage of an intellectual property fight between Motorola and Hytera Communications because of laws prohibiting witnesses located in China from giving unauthorised evidence via videolink, rejecting a “highly experimental procedural remedy” proposed by Motorola.

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Victoria to allow judge-only trials during COVID-19 pandemic
COVID-19 2020-04-21 6:03 pm By Alison Eveleigh

Victoria will allow judge-only trials as part of a raft of temporary new laws to be put in place to manage the COVID-19 pandemic.

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