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Lawyer Alex Elliott was ‘de facto’ solicitor for Banksia class action, judge told
Class Actions 2020-10-06 4:09 pm By Christine Caulfield

Lawyer Alex Elliott was complicit in a plan by his late father to mislead the court and group members in the Banksia class action, to conceal conflicts of interest and to profit from the case at the expense of debenture holders, a judge has been told.

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‘That rare bird, the smoking gun’: Judge orders Minetek employee’s laptop searched for confidential info
Intellectual Property 2020-10-06 2:07 pm By Christine Caulfield

Engineering company Howden Australia can view the laptop and other electronic devices of an employee accused of stealing confidential information, after a judge found there was evidence suggesting the worker had not been “entirely truthful” with the court.

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Queensland flood dam operator wants info behind Maurice Blackburn’s damages claim
Class Actions 2020-10-06 12:31 pm By Miklos Bolza

Dam operator Sunwater wants evidence from Maurice Blackburn, the law firm behind the landmark Queensland flood class action, showing how the applicant will calculate aggregate damages for around 6,800 group members.

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Police search for missing Federal Circuit Court judge Guy Andrew
Judge Guy Andrew 2020-10-05 11:26 pm By Christine Caulfield

Queensland police are searching for Federal Circuit Court judge Guy Andrew, who was recently removed from the Townsville registry, after he went missing in Brisbane bushland on Sunday.

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McMillan Shakespeare settles class action over ‘illusory’ car warranties
Class Actions 2020-10-05 10:46 pm By Cat Fredenburgh

McMillan Shakespeare has settled a class action alleging one of its units engaged in unfair tactics and unconscionable conduct in the sale of car warranties that offered “no benefit or value” to consumers.

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A tale of two class actions: Helmed by same legal team, Murray Goulburn, Banksia cases chart different paths
Feature 2020-10-05 5:14 pm By Christine Caulfield

The Murray Goulburn class action run by Elliott Legal bears similarities to the Banksia class action, a case rife with scandal and offered up by opponents as proof of the problems with the class action regime. The leading lawyers were the same in both cases. In one they have abandoned any claim to their fees and have walked away from their careers. In the other they walked away with $5 million.

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Air France loses bid to limit injunction in ‘Love Is In The Air’ copyright case
Intellectual Property 2020-10-05 4:36 pm By Cat Fredenburgh

A judge has issued a broader injunction barring Air France from using the song ‘Love Is In The Air’ than the one proposed by the airline, after finding an Oregon electronic duo’s song which was licenced to Air France copied the 1977 disco hit.

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Former TechnologyOne exec awarded $5.2M for unfair dismissal
Employment 2020-10-05 2:32 pm By Cat Fredenburgh

Australian software company TechnologyOne has been ordered to pay one of its former high-earning executives $5.2 million after a court found he was unfairly terminated for making complaints about workplace bullying.

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Merck Sharp & Dohme settles trade mark spat with German drug company
Intellectual Property 2020-10-05 12:45 pm By Cat Fredenburgh

US drug company Merck Sharp & Dohme has settled trade mark litigation brought by German drug maker Merck KGaA alleging it violated a 1970 agreement by using the “Merck” mark in Australia.

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Macquarie Bank on the hook for paying advisers leave entitlements
Employment 2020-10-02 10:40 pm By Christine Caulfield

Former Macquarie Bank financial advisers who claimed their commission pay structure left them shortchanged have won their case for back pay for annual and personal leave, in the first decision in a group of cases against the wealth manager.

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