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‘Horrendous class action journey’: BoQ case should be focus of inquiry, group members say
Class Actions 2020-07-15 11:23 pm By Miklos Bolza

Elderly victims of Ponzi schemer Bradley Sherwin have told the government’s class action inquiry of their “horrendous class action journey”, which led to a “pathetic outcome” in which the majority of a $12 million settlement with the Bank of Queensland went to the law firm and funder behind the case.

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Westpac defends AUSTRAC disclosures in shareholder class action
Class Actions 2020-07-15 7:02 pm By Miklos Bolza

Westpac has denied claims in a shareholder class action filed in the wake of AUSTRAC proceedings alleging 23 million breaches of anti-money laundering and counter-terrorism finance laws, saying the information the class action says it should have disclosed to shareholders “did not exist”.

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COVID-19 has led to 30 per cent spike in FWC cases, president says
Employment 2020-07-15 6:53 pm By Miklos Bolza

An increase in the number of unfair dismissal cases and the addition of JobKeeper disputes has seen the general caseload of the Fair Work Commission jump by 30 per cent as a result of the COVID-19 pandemic, FWC President Justice Iain Ross AO told Lawyerly.

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P&G says stores will stop stocking its whitening toothpaste if Colgate case isn’t fast tracked
Competition & Consumer Protection 2020-07-15 6:30 pm By Alison Eveleigh

Personal care giant Procter & Gamble has told a court that some of its Oral B teeth whitening products may be taken off retailerā€™s shelves if its lawsuit, which alleges competitor Colgate-Palmolive made misleading claims that its whitening toothpaste can remove 10 years of stains, is not expedited.

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Hytera loses latest bid to vacate Motorola trial over worries about witnesses catching coronavirus
Intellectual Property 2020-07-14 7:55 pm By Miklos Bolza

Hytera Communications has lost its latest attempt to adjourn an upcoming virtual trial in a copyright case brought by rival Motorola, despite concerns by the Chinese radio manufacturer that witnesses could be exposed to the coronavirus if forced to travel to give evidence.

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ā€˜Abysmal arroganceā€™: Lawyer hit with $300,000 damages bill after neighbourhood dispute
Defamation 2020-07-14 7:45 pm By Alison Eveleigh

A judge has slammed a lawyer for her “abysmal arrogance and sense of privilege”, ordering her to pay $300,000 to her Balmain neighbour after a long-running property dispute culminated in a defamatory interview that was broadcast to over one million TV viewers on A Current Affair.

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Seqwater appeals 50 percent damages ruling in Queensland floods class action
Appeals 2020-07-14 7:42 pm By Christine Caulfield

Dam operator Seqwater is challenging a decision that put it on the hook for 50 per cent of any damages payouts to thousands of members of a long-running class action over the 2011 floods that destroyed 2,000 Queensland homes.

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ASIC wins appeal of ruling overturning life ban against financial adviser
Financial Services 2020-07-14 7:00 pm By Christine Caulfield

The Australian Securities and Investments Commission has won its challenge to a tribunal ruling that overturned a permanant ban imposed on a RI Advice Group authorised financial planner who double charged his clients.

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Herbert Smith Freehills data causes controversy at class action inquiry
Class Actions 2020-07-13 11:11 pm By Miklos Bolza

A hearing in the Federal Government’s latest inquiry into class actions kicked off Monday with attacks on the credibility of one of the heads of Liberal think tank the Menzies Research Centre, who was excoriated by a Labor senator for providing “unsubstantiated” data from Herbert Smith Freehills that group members receive on average 39 per cent of class action proceeds.

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Aristocrat overdid it with expert evidence in patent case, court says
Intellectual Property 2020-07-13 9:29 pm By Cat Fredenburgh

A judge has trimmed the costs the Commissioner of Patents owes Aristocrat Technologies after the gaming giant successfully appealed a ruling rejecting four of its gaming patents, saying Aristocrat had “over-egged the pudding” by submitting evidence from three experts on the patentability of its inventions.

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