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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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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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Viagogo slugged with $7M penalty for duping customers on ‘industrial scale’
Competition & Consumer Protection 2020-10-02 2:34 pm By Christine Caulfield

Viagogo has been ordered to pay a $7 million penalty for misleading customers into thinking the ticket reseller was an official vendor and failing to disclose booking fees of around 28 per cent.

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Banksia judge to hear case against lawyer Alex Elliott after appeals court nixes recusal bid
Appeals 2020-10-02 1:54 pm By Christine Caulfield

An appeals court has dismissed a second bid by lawyer Alex Elliott to have the judge overseeing the Banksia class action disqualified from hearing claims that he, like his late father, was party to an alleged fraudulent scheme in running the litigation.

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Employsure defeats ‘untenable’ ACCC case over Google ads, keywords
Competition & Consumer Protection 2020-10-01 6:34 pm By Miklos Bolza

The ACCC has lost its case against Employsure alleging the specialist workplace relations consultancy duped small businesses into signing long-term contracts via several Google ads that promised free workplace advice which appeared to be government-affiliated.

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Google fires back at ACCC data collection suit, says it sought ‘explicit consent in plain terms’
Competition & Consumer Protection 2020-09-29 4:51 pm By Miklos Bolza

Google has rejected claims by the ACCC that it tricked consumers into agreeing to expanded collection of their personal data, saying that it instead sought “explicit consent” from users through an “easy-to-understand opt-in consent mechanism”.

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Proportionality no basis to deny fees in $7M QRxPharma class action settlement, judge says
Class Actions 2020-09-29 3:12 pm By Miklos Bolza

A judge has approved a $7 million settlement in a class action against the directors of pharmaceutical company QRxPharma, only a third of which will go to group members, saying proportionality was not a basis for rejecting fees that were otherwise fair and reasonable.

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Designer hit with indemnity costs for bikini trade mark suit that ‘cried out to be settled’
Intellectual Property 2020-09-28 4:21 pm By Christine Caulfield

Women’s fashion designer Pinnacle Runway must pay indemnity costs for pursuing what a judge has described as an “ill-advised” trade mark infringement lawsuit against a rival that “cried out to be settled”.

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Elliott doesn’t have to give ‘full and frank’ explanation of alleged role in Banksia fee scandal
Class Actions 2020-09-23 9:35 pm By Alison Eveleigh

An appeals court has set aside an order requiring Alex Elliott, the son of the funder behind the Banksia securities class action, to give a ā€œfull and frankā€ explanation of his role in an alleged fraudulent scheme to inflate legal fees in the case.

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Funder will take loss in $7M QRxPharma class action settlement
Class Actions 2020-09-23 3:04 pm By Miklos Bolza

The funder backing a shareholder class action against the directors of pharmaceutical firm QRxPharma will not seek to profit from a $7 million settlement in order to bring about a better return for group members, a judge has been told.

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