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Citing courtroom ‘chemistry’, judge won’t allow remote evidence in Pesutto defamation case
Defamation 2024-08-22 11:40 pm By Andy Sidler

The former deputy leader of the Victorian Liberal Party will be required to give evidence in person in a defamation case against party leader John Pesutto by expelled party member Moira Deeming, with a judge noting the importance of cross-examination “chemistry” where credibility is at issue.

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Melbourne Football Club defeats member’s challenge to board election rules
Sports 2024-08-22 11:37 pm By Andy Sidler

Legal action by a Melbourne Football Club member challenging the AFL club’s board election rules has been dismissed, with a judge finding the rule banning campaigning by candidates is not oppressive as alleged.

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United Petroleum behind ‘misleading’ underpayments campaign against On The Run, court told
Competition & Consumer Protection 2024-08-21 4:14 pm By Cindy Cameronne

Convenience store chain On the Run is mulling proceedings against United Petroleum, which allegedly paid $120,000 to a public relations firm to run a “misleading” ad campaign accusing it of wage theft. 

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‘Dog chasing its tail’: Long-running $320,000 costs dispute between solicitor and barrister settles
Business of Law 2024-08-21 4:31 pm By Cindy Cameronne

A Sydney barrister and solicitor have settled a dispute over a $320,000 bill initially estimated to cost $60,000 after an appeals court found two costs agreements were void and held that courts should take a “purposive approach” to the rules governing costs disclosure obligations. 

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Westpac fights bid to ‘get around’ limitation defence in flex commissions class action
Class Actions 2024-08-21 11:11 pm By Sam Matthews

Banks targeted in long-running class actions over flexible commission schemes for car dealers are resisting the plaintiffs’ bid to amend their pleadings to “get around” the defence that certain claims are time-barred.

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High Court asked to clarify importance of disclosure in patent applications
Intellectual Property 2024-08-21 11:02 pm By Sam Matthews

The High Court has been asked to weigh in on whether the Federal Court’s prevailing approach to the disclosure requirements of the Patents Act “imposes too great a burden” on patent applicants.

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Sydney Trains underpayments suit mulls class closure as High Court takes up issue
Employment 2024-08-21 11:08 pm By Cindy Cameronne

An underpayments class action against Sydney Trains has flagged an application to exclude unregistered group members from any settlement, as the High Court steps in to resolve an appellate court split on the power to make class closure orders.

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AG can gatekeep insurance providers for NSW lawyers, appeals court finds
Business of Law 2024-08-21 11:26 pm By Andy Sidler

The NSW appeals court has clarified the operation of the Uniform Law in the state, finding that insurers offering professional indemnity insurance to legal practitioners must be approved by the state’s Attorney General.

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‘Poor in the extreme’: Fishing class action slams NSW’s defence
Class Actions 2024-08-21 11:48 pm By Andy Sidler

A class action accusing the New South Wales government of unfair persecution of  south coast Indigenous groups for engaging in cultural fishing practices has slammed the state’s defence as “poor in the extreme”.

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Fortescue denies IP head told Element Zero founder to delete documents
Intellectual Property 2024-08-20 11:21 pm By Sam Matthews

Fortescue has rejected Element Zero’s “implausible” claims that the start-up’s founder was instructed by the mining giant’s IP manager to access and delete certain documents after his resignation, as it defends allegations that search orders it won over the alleged misappropriation of its confidential information were based on weak evidence.

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