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Law firm would have had onus of proof in Arrium cross-claim defence, judge says
Business of Law 2021-08-19 11:56 pm By Christine Caulfield

Herbert Smith Freehills this week escaped a cross-claim that its advice made it liable for the alleged losses of Arrium’s lenders, but the judge who tossed the claim along with the banks’ cases expressed doubts about one of the law firm’s key arguments, a warning to other firms caught up in litigation as so-called concurrent wrongdoers.

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PwC to face misleading conduct claim over advice to Chinese lender
Financial Services 2021-08-17 11:46 pm By Cat Fredenburgh

A judge has found PwC should face a claim that it engaged in misleading and deceptive conduct while assisting Chinese lender Aoyin with its planned launch in Australia by failing to properly advise the company there was a risk its shareholders did not comply with APRA’s ‘fit and proper’ requirement.

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Banks lose cases against directors over $2.8B collapse of steel giant Arrium
Restructuring & Insolvency 2021-08-17 12:15 pm By Christine Caulfield

A judge has dismissed two cases brought by the Commonwealth Bank, Westpac and other lenders against directors of the failed steel giant Arrium, saying he was not satisfied the directors’ representations on loan drawdown notices were false or that the company was insolvent when it went into voluntary administration in April 2016.

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Baker McKenzie negligent in advising on Chinese lender’s failed Aussie launch, court hears
Professional Negligence 2021-08-11 3:57 pm By Cindy Cameronne

Baker McKenzie has been accused of negligence in a cross claim by Chinese lender Aoyin, which faces a lawsuit by accounting giant PricewaterhouseCoopers for unpaid fees over advice related to a failed bid to launch a bank in Australia.

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Judge blasts ‘absurd’ terms in pelvic mesh class action settlement offer
Class Actions 2021-08-06 11:09 pm By Cat Fredenburgh

A judge has slammed an “absurd” class action settlement offer made by pelvic mesh device maker Astora Women’s Health that would require Shine Lawyers to provide the company with indemnities, saying “no rational judge” would approve it.

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In-N-Out Burger wants trade mark suit fast-tracked amid concerns over negative reviews
Intellectual Property 2021-08-04 7:08 pm By Bianca Hrovat

Popular American restaurant chain In-N-Out Burger is seeking to fast-track a trade mark lawsuit against an Australian food business which operates four “ghost kitchens”, citing negative reviews from allegedly misled customers.

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Sacked sports journalist loses case over coverage of ‘vivid and disgusting’ workplace comments
Defamation 2021-07-29 9:27 pm By Bianca Hrovat

A former rugby league journalist with Channel 7 has lost his defamation case over media reports, which alleged he threatened to rip the head off a young regional cadet, because the defamatory imputations were substantially true, judge has ruled.

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a2 Milk urges court to register ‘slightly mysterious’ trade marks
Intellectual Property 2021-07-27 5:00 pm By Miklos Bolza

The a2 Milk Company has urged the Federal Court to allow its ‘a2 Milk’ and ‘True a2’ trade marks to be registered, arguing they’re not merely descriptive of a protein in milk.

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Law firms resolve multiplicity issue in Boston Scientific pelvic mesh class actions
Class Actions 2021-07-20 5:23 pm By Miklos Bolza

A Sydney law firm that brought a class action against Boston Scientific over allegedly defective pelvic mesh products has agreed to stay its case while a class action by Shine Lawyers moves ahead.

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In-N-Out Burger doubles down on trade mark protection with latest lawsuit 
Intellectual Property 2021-07-19 2:14 pm By Bianca Hrovat

Popular American fast food chain In-N-Out Burger is doubling down on alleged bootlegged burger branding, once again going after an Australian company for allegedly using its trade marked name and logo to turn a profit.

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