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Litigating in the age of coronavirus: The Dick Smith trial goes virtual
Trials 2020-03-20 7:15 pm By Cat Fredenburgh

Six law firms are working on a consolidated trial of multiple class actions over the collapse of retailer Dick Smith, but when the trial opened in the NSW Supreme Court this week, a lone barrister appeared in court before Justice Michael Ball, amid a sea of empty bar tables. Most of the hearing’s participants joined through a virtual courtroom while members of the public were invited to watch the trial unfold on a YouTube live stream. Welcome to litigating in the age of the coronavirus.

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On the line: Federal Court keeps wheels of justice turning by telephone
Business of Law 2020-03-20 11:29 am By Christine Caulfield

The Federal Court has updated guidance on its response to the coronavirus outbreak, saying it is working with lawyers to ensure as many hearings listed for the coming months can proceed. And Monday’s calendar, while perhaps lighter than usual, shows multiple matters will be heard as planned — by telephone.

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‘Free the flag’: Copyright dispute over Aboriginal flag looms
Intellectual Property 2020-03-19 11:42 pm By Cat Fredenburgh

A company that holds the copyright for the Aboriginal flag may file a lawsuit against a website that sells flags featuring the design with the words ‘Free the flag’ in the middle.

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Appeals court rejects Fairfax challenge to defamation ruling for Chau Chak Wing
Defamation 2020-03-19 10:35 pm By Christine Caulfield

Fairfax Media has failed in its appeal of a judgment that found the publisher defamed Chinese-Australian businessman Dr Chau Chak Wing in a Sydney Morning Herald article that linked him to an international bribery scandal.

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AFT loses challenge to ruling over ‘misleading’ Maxigesic ads
Competition & Consumer Protection 2020-03-19 9:07 pm By Cat Fredenburgh

AFT Pharmaceuticals has lost its challenge to a ruling that ads claiming its painkiller Maxigesic is more effective than Nuremol were misleading and deceptive, with the Full Federal Court saying the primary judge did not err in finding the ads lacked an adequate scientific basis.

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Clive Palmer loses second bid to quash criminal charges over resort villa takeover
Corporate 2020-03-19 4:37 pm By Christine Caulfield

Billionaire Clive Palmer has lost his appeals court fight to shut down criminal proceedings alleging his resort company breached takeover laws, with three judges saying his claims were untenable.

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HWL Ebsworth must pay indemnity costs in ex-partner spat after ‘unreasonable’ rejection of compromise
Business of Law 2020-03-19 2:47 pm By Christine Caulfield

HWL Ebsworth is on the hook for the legal costs of an unfair dismissal case won by ex-partner Tim Griffiths, and the law firm must pay almost two years of legal bills on an indemnity basis after it twice refused an offer of settlement.

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BHP can’t pause shareholder class action over Brazil dam failure
Class Actions 2020-03-18 10:18 pm By Christine Caulfield

BHP has failed in a bid to shut down a class action over the Fundao dam failure pending criminal proceedings in Brazil, with a judge ruling the mining giant would not be prejudiced if the case proceeded for now.

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Tandem unit loses bid to de-class ‘sham’ contracting class action
Class Actions 2020-03-18 2:43 pm By Cat Fredenburgh

A unit of Telstra contractor Tandem has lost its bid to de-class a ‘sham’ contracting class action brought on behalf of telecommunications workers who claim they were denied benefits by being misclassified as contractors.

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Debt collector Panthera Finance must pay $500,000 for harassing consumers
Competition & Consumer Protection 2020-03-16 8:46 pm By Cat Fredenburgh

Australia’s second largest debt recovery agency has been ordered to pay $500,000 after the company admitted breaching Australia’s consumer laws by unduly harassing and misleading three people over debts they did not owe.

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