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ABC on ‘fishing expedition’ for documents in AFP raid case, judge says
Media 2019-08-20 9:00 pm By Miklos Bolza

The Australian Broadcasting Corporation has lost a bid for the documents behind an Australian Federal Police warrant to search its headquarters, with a Federal Court judge criticising the media organisation for embarking on a “fishing expedition”.

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Original lawyers in BankSA class action want bigger stake of multi-million dollar settlement
Class Actions 2019-08-20 8:46 pm By Amelia Birnie

The original solicitors who stepped down from leading a class action against Westpac unit BankSA amid abuse of process allegations will bring separate proceedings in the Federal Court seeking a bigger slice of the multi-million dollar settlement sum to cover their costs.

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Senior partner denies deliberate delay in trial over rejected $4.45M Westpac settlement
Legal Ethics 2019-08-20 8:45 pm By Miklos Bolza

A senior partner at a Sydney-based law firm has denied he made a “deliberate decision” to withhold advice from a former client suing for alleged breach of duties and conflict of interest over a rejected $4.45 million settlement in an employment dispute with Westpac.

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Sacked Russells lawyer wins round in case over dismissal
Restructuring & Insolvency 2019-08-20 4:05 pm By Christine Caulfield

A restructuring and insolvency solicitor who is suing Russells Lawyers for summarily dismissing him has largely won a discovery dispute over evidence in the case, with a judge ruling the lawyer could access communications between any of the partners related to his termination two years ago.

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Court to hear a2 Milk trade mark appeals together
Intellectual Property 2019-08-20 1:34 pm By Cat Fredenburgh

The Federal Court will hear two high-stakes trade mark appeals by the a2 Milk Company together, after IP Australia delegates found two marks containing “a2”, which is a protein found in cow’s milk, were not inherently adapted to distinguish its products.

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Case against NSW Ports docked while ACCC matter sails on
Competition & Consumer Protection 2019-08-19 9:55 pm By Cat Fredenburgh

A competition lawsuit brought against NSW Ports has been stayed while a similar case brought by the competition regulator over an allegedly anti-competitive agreement to privatise Port Botany and Port Kembla moves forward.

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7-Eleven class actions can’t shield witness identity despite ‘real risk’ of reprisal
Class Actions 2019-08-19 8:41 pm By Miklos Bolza

A judge has refused an application to suppress the identity of a franchisee giving evidence in two class actions against 7-Eleven despite the individual’s fears he may lose his franchising licence as retaliation by the global convenience store giant.

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Lottoland hits the jackpot in ACMA betting challenge
Media 2019-08-19 5:40 pm By Amelia Birnie

The CEO of Lottoland says the company has “finally been vindicated” by a court ruling that overturned a decision by the Australian Communications and Media Authority that outlawed a number of its jackpot betting services.

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Patent attorneys sued by firm win bid for Seyfarth docs
Business of Law 2019-08-19 4:41 pm By Amelia Birnie

Two patent attorneys who are being sued by a boutique IP firm for jumping ship to start their own business have cleared the first hurdle in their fight against preliminary discovery, after a judge found the documents relied upon by their former employer’s lawyers at Seyfarth Shaw were relevant to the case.

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Dispute over $183M solar arbitration award against Spain stayed
Arbitration 2019-08-19 4:28 pm By Miklos Bolza

The Federal Court has stayed a lawsuit seeking to enforce a $183 million international arbitration award against the Kingdom of Spain over a solar farm investment while the country seeks to have the award annulled.

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