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Judge who called expert conclave a ‘car crash’ won’t recuse herself
Professional Negligence 2021-02-22 1:04 pm By Spencer Fowler Steen

A judge has refused to disqualify herself from hearing a complex medical negligence lawsuit after she described an expert conclave as a “car crash”, citing concerns over a psychiatrist giving opinions about liability in a surgical setting.

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Judge says tweaking class closure order requires analysis of power, won’t go there
Class Actions 2021-02-19 11:52 pm By Christine Caulfield

A judge has refused to extend the date by which Coles workers can register to join an employment class action against the supermarket giant as part of a class closure order, saying the amendment would force a hearing on his power to make the order.

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‘Novel and invasive’: Clive Palmer can’t get law firm docs for Queensland Nickel case
Restructuring & Insolvency 2021-02-19 10:59 pm By Miklos Bolza

Two Clive Palmer companies have again been blocked from accessing documents held by two law firms and a litigation funder to pursue a potential lawsuit against Queensland Nickel, with an appeal court dismissing the bid as “unmeritorious”.

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Hewlett-Packard loses appeal over sales commissions it capped ‘at whim’
Employment 2021-02-19 5:21 pm By Christine Caulfield

IT giant Hewlett-Packard Australia has lost its appeal of a judgment requiring it to cough up $370,000 in unpaid commissions to a former sales executive after a court found the company was not entitled to retrospectively cap her incentive payments ‘at whim’.

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New evidentiary tool on cards as 7-Eleven class action judge hears first ever oral discovery bid
Class Actions 2021-02-19 4:07 pm By Miklos Bolza

A Federal Court judge overseeing two franchisee class actions against 7-Eleven has heard a landmark application for pre-trial oral discovery that could create another tool for lawyers to source evidence otherwise blocked by confidentiality agreements.

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In law firm trade mark battle, reputation in Melbourne merger work is key, court told
Intellectual Property 2021-02-19 2:37 pm By Spencer Fowler Steen

Two law firms locked in a courtroom battle over their ‘C’ trade marks made up of concentric circles will move to mediation after one of the firms files “significantly more” evidence about their reputation in Melbourne, a court has heard.

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‘I’m not having vague excuses about COVID in the UK’: Judge slams ex-Linchpin director
Financial Services 2021-02-18 6:54 pm By Spencer Fowler Steen

A judge will not let proceedings brought by ASIC against four former Linchpin Capital directors drag on, slamming a “vague” excuse from one of the directors, who awaits word from his insurers on whether his defence costs will be covered, that London is still in a state of “total confusion” due to COVID-19.

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Herald Sun exec’s honest opinion defence survives in case by ex-Labor MP Melissa Parke
Defamation 2021-02-18 6:13 pm By Spencer Fowler Steen

Former Labor MP Melissa Parke has failed in her bid to strike down the honest opinion defence of Herald Sun executive Dr Colin Rubenstein in her lawsuit alleging the director defamed her in an email and article relating to her 2019 pre-selection speech.

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44-count indictment filed in ANZ criminal cartel case
Competition & Consumer Protection 2021-02-18 2:57 pm By Spencer Fowler Steen

Forty-four charges have been outlined in a long-awaited indictment in a criminal cartel case over a $2.5 billion ANZ share placement, including 29 charges against top executives from ANZ, Deutsche Bank and Citigroup.

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Court shoots down Prime Trust liquidators’ bid for global proof of debt to compensate unitholders
Restructuring & Insolvency 2021-02-18 2:21 pm By Miklos Bolza

The liquidators of retirement village group Australian Property Custodian Holdings, which went into administration in 2010 owing $948 million, have had their proposal to compensate unitholders under a global proof of debt rejected by a judge, who called the plan vague and “unsatisfactory”.

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