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‘Groundless threats’: Sportsbet hit with cross claim in trade mark spat
Intellectual Property 2020-06-26 6:32 pm By Miklos Bolza

Bookmaker Sportsbetting.com.au has accused rival Sportsbet of “groundless threats” as it hits back with a cross claim in a hotly disputed trade mark lawsuit between the two companies.

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Contingency fees won’t lead to US-style litigation, lawyers say
Feature 2020-06-19 8:25 pm By Cat Fredenburgh

Legislation passed by Victoria state lawmakers lifting the ban on contingency fees in class actions will not lead to US-style litigation entrepreneurialism, but it may also not have the desired effect of encouraging smaller and more risky claims, experts told Lawyerly.

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Lead applicant breaks down during cross-examination in Ford class action trial
Class Actions 2020-06-19 4:51 pm By Miklos Bolza

The lead applicant in a class action against Ford over its allegedly defective PowerShift transmission broke down after being accused of lying under oath during a heated virtual cross-examination by the car company’s barrister.

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Ford cars fitted with PowerShift are ‘lemons’, court hears as high-stakes trial revs up
Class Actions 2020-06-15 8:27 pm By Alison Eveleigh

Tens of thousands of Ford cars which contain an allegedly defective transmission system are ā€œlemonsā€, a court heard on day one of a six-week hearing in a long-running class action against the car maker.

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Employsure files lawsuit seeking docs ahead of ACCC trial
Competition & Consumer Protection 2020-06-11 12:10 pm By Miklos Bolza

Employsure has made an eleventh hour courtroom bid to access documents held by the Fair Work Ombudsman, just days before trial is due to commence in ACCC proceedings alleging the workplace relations company engaged in unconscionable conduct towards small business clients.

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Lawyers want virtual hearings to stay in a post-COVID world
COVID-19 2020-06-10 12:45 pm By Miklos Bolza

Restrictions to combat COVID-19 that forced Australia’s courts to go virtual have had unforseen benefits, and Australia’s top law firms say they don’t want online hearings to be scrapped when social distancing measures are eased.

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Top barrister retained interest in Mark Elliott’s funding co. after wife sold shares, court told
Class Actions 2020-06-09 10:52 am By Christine Caulfield

Court documents sought to be kept confidential in a case alleging professional misconduct against barrister Norman O’Bryan SC in his role as counsel for a class action over the collapse of Banksia Securities accuse the top silk of continuing to have an interest in the funder that bankrolled the proceedings after his wife was said to have sold her shares.

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Judge slams ‘deficient’ explanation behind $2.9M penalty in ACCC, HealthEngine case
Competition & Consumer Protection 2020-06-05 2:12 pm By Miklos Bolza

A penalty hearing in the ACCC’s case against health booking company HealthEngine over misleading online reviews has been adjourned after a judge criticised the parties’ joint submissions as “deficient” for failing to explain how a proposed $2.9 million penalty had been arrived at.

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Banksia class action funder can’t keep details of misconduct claims under wraps
Class Actions 2020-06-03 10:50 pm By Christine Caulfield

A judge has rejected calls to keep confidential the details of professional misconduct claims against the funder and lawyers behind the Banksia Securities class action, in a ruling that revealed that investors of the collapsed lender could recover $30 million more if allegations against the legal team are established at trial.

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‘More extraordinary by the moment’: Reckitt slams AFT bid to reopen Maxigesic case
Competition & Consumer Protection 2020-06-03 3:46 pm By Miklos Bolza

AFT Pharmaceuticals is seeking to reopen a lawsuit against Reckitt Benckiser over ads for its painkiller Maxigesic after judgment was delivered in the matter, claiming the judge’s declarations contained an error, an argument slammed by Reckitt as “extraordinary”.

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