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Judge wants to avoid ‘behemoth’ trial in $500M combustible cladding class action
Class Actions 2020-12-14 2:38 pm By Spencer Fowler Steen

A judge overseeing two class actions over allegedly flammable combustible cladding used in buildings throughout Australia says he will likely keep the trials separate to avoid a ‘behemoth’ hearing.

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Reckitt’s ‘weak’ case dooms bid to kill Raid Max ads
Competition & Consumer Protection 2020-12-14 1:16 pm By Christine Caulfield

A judge has dismissed an attempt by a Reckitt Benckiser unit to block Raid insect spray ads by rival SC Johnson , saying the consumer goods giant had a “weak” prima facie  case based on “excessively literal and strained” interpretations of the ads.

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‘Risky, illiquid and speculative’: Class action launched over Mayfair’s failed IPO Wealth Fund
Class Actions 2020-12-14 1:03 pm By Miklos Bolza

A class action has been filed against the trustee and responsible entity of the Mayfair Group’s IPO Wealth Fund, which was wound up in September after $86 million of investor funds were lost.

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Law firm’s ‘overly combative manner’ prompts independent counsel appointment in bushfire class actions
Class Actions 2020-12-11 11:58 pm By Christine Caulfield

A judge will appoint an independent barrister to determine the allocation of settlement proceeds between insured group members and their insurers from two St Patrick’s Day bushfire class actions, finding that the ‘overly combative’ conduct of law firm Maddens warranted the appointment despite the extra costs involved.

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McGowan says Clive Palmer can’t defend truth of criminal cover up imputation
Defamation 2020-12-11 10:50 pm By Spencer Fowler Steen

Billionaire Clive Palmer cannot defend the truth of alleged defamatory imputations that Western Australia Premier Mark McGowan tried to “cover up” criminal acts and was “corrupt”, the premier’s barrister has told the court.

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Banksia funder’s son would have confided in friend had he known of dad’s deception, court told
Class Actions 2020-12-11 10:43 pm By Christine Caulfield

The son of the funder behind a class action at the centre of scandalous misconduct claims says he would have sought advice from a family friend if he had realised his father and counsel leading the case were misleading the court to inflate their profits from a $64 million settlement.

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Whistleblower laws don’t apply retrospectively, judge says in ANZ bank trader’s case
Employment 2020-12-11 5:50 pm By Cat Fredenburgh

A judge has thrown out the portion of a lawsuit brought by an ANZ trader who was sacked in 2015 that was brought under enhanced whistleblower protections that took effect in 2019, saying the civil remedy provisions do not apply retrospectively.

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Spotless on the hook for redundancy entitlements after High Court declines special leave
High Court 2020-12-11 2:26 pm By Cat Fredenburgh

The High Court will not hear cleaning services giant Spotless Group’s challenge to a ruling that found it must pay redundancy entitlements to a group of workers it sacked.

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Melbourne cafe to hand over $646,000 to court in fee spat with law firm
Business of Law 2020-12-10 10:48 pm By Cat Fredenburgh

Bourke Street cafe Barfly’s has agreed to hand over $646,250 to the court in trust in an ongoing spat over its legal bills with a law firm that negotiated a $2.4 million settlement for the cafe in a negligence case.

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Designer drops ‘ill-advised’ lawsuit over bikini style trade mark
Intellectual Property 2020-12-10 9:57 pm By Cat Fredenburgh

Women’s fashion designer Pinnacle Runway has cut its losses and dropped its challenge to a ruling that found a rival’s use of the name ‘Delphine’ to describe a bikini style did not constitute trade mark infringement, after a judge hit the company with indemnity costs for pursuing the ‘ill-advised’ lawsuit.

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