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Mark Elliott’s Blackberry found, judge orders search of phone for evidence in Banksia class action
Class Actions 2020-03-26 1:57 pm By Christine Caulfield

The hunt for the missing Blackberry of deceased class action lawyer and funder Mark Elliott is over, and the located phone will now be examined by IT experts to see if it can be searched for potential evidence to be used as part of an investigation of  alleged professional misconduct by the legal team behind a class action against failed Banksia Securities.

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Rinehart family ordered into mediation in long-running feud over $4B trust
Energy & Natural Resources 2020-03-25 4:46 pm By Miklos Bolza

A judge has ordered the Rinehart family to enter mediation in their feud over a $4 billion trust, saying it was “overwhelmingly in the interests of the administration of justice” to seek an end to the long-running and bitter dispute.

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Court to determine Sony Playstation penalty without hearing
Competition & Consumer Protection 2020-03-25 12:15 pm By Cat Fredenburgh

A hearing has been vacated in ACCC proceedings brought against Sony alleging it misled gamers who purchased faulty PlayStation games, with any penalty the entertainment company should face to be decided by the court on written submissions alone as it seeks to avoid in-person hearings.

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Is that legal? Top COVID-19 questions clients are asking lawyers
Feature 2020-03-24 9:07 pm By Miklos Bolza

As states across Australia shut down non-essential services and close borders in the battle to control the spread of the coronavirus, companies are turning to their lawyers for guidance on everything from contracts to disclosure obligations, staff reductions to workplace health and safety issues. Lawyerly talked to practitioners to find out what was on the minds of their corporate clients.

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Banks defeat mid-trial request by ex-Dick Smith directors for financial reports
Class Actions 2020-03-24 5:05 pm By Miklos Bolza

National Australia Bank and HSBC, which are suing the liquidators of collapsed retailer Dick Smith to recoup over $125 million in loans, have successfully fought off a bid by two former company directors for a series of financial reports.

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‘One hearing and two interlocutory judgments have achieved precisely nothing’: Judge scolds parties in Parklea Market dispute
Real Estate 2020-03-23 6:23 pm By Miklos Bolza

A judge has criticised the parties in a land sale dispute over Sydney’s Parklea Markets for failing to make progress to bring the case to a close, almost three months after a $4.25 million judgment was awarded to a company owned by local retail personality Con Constantine.

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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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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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Two law firms force staff to work from home, while others brace for possible coronavirus shutdown
Business of Law 2020-03-16 10:20 am By Cat Fredenburgh

Two law firms have mandated that staff begin working from home to limit the spread of the new coronavirus, while others begin shifting their workforce offsite as firms test their ability to weather what is expected to be a prolonged public health crisis.

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BP appeals ruling reinstating worker fired over Hitler parody video
Employment 2020-03-12 12:07 pm By Cat Fredenburgh

BP has appealed a ruling from the Fair Work Commission that reinstated a worker who was fired for sharing a video clip which included subtitles placed over a scene from the movie Downfall about Adolf Hitler.

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