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Judge puts kibosh on first hearing of new serious harm test in coach’s defamation case
Defamation 2022-09-13 11:08 pm By Sam Matthews

A judge has called off a pre-trial hearing to determine whether the new serious harm element in Australia’s defamation laws is satisfied in a case brought by a weight lifting coach, citing an ā€œunfortunate turn of events”.

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Banksia class action silk’s wife bound by damning judgment, court told
Class Actions 2022-09-09 11:51 pm By Christine Caulfield

Companies associated with the wife of disgraced senior barrister Norman O’Bryan are stuck with the findings of last year’s excoriating judgment against the Banksia class action legal team despite their status as third parties, a court has heard.

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Banksia receiver justified in rejecting lawyers’ $10.6M settlement, court says
Class Actions 2022-08-30 4:21 pm By Christine Caulfield

The special purpose receiver acting for debenture holders of defunct Banksia Securities was right to reject a confidential settlement — believed to be for $10.6 million — offered by the disgraced lawyers behind a scandal-ridden class action, a court has found.

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Mercedes canā€™t shield board minutes in $650M dealer lawsuit
Competition & Consumer Protection 2022-08-17 1:04 am By Cindy Cameronne

Car dealers bringing a $650 million lawsuit against Mercedes over its decision to move to a fixed-price agency model have won access to board meeting minutes and related correspondence sent to the company’s top brass.

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BHP, Epiroc accused of infringing Rio Tinto unit’s drilling patent
Intellectual Property 2022-08-15 11:05 pm By Sam Matthews

BHP and mining equipment company Epiroc Australia have been sued for alleging infringing a patent held by Rio Tinto subsidiary Technological Resources for an autonomous drilling system.

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Mercedes ā€˜laid openā€™ its legal advice in $650M dealer lawsuit, court told
Competition & Consumer Protection 2022-08-10 10:02 pm By Cindy Cameronne

Car dealers bringing a $650 million lawsuit against Mercedes over its decision to move to a fixed-price agency model are seeking to access legal advice given to the car manufacturer on non-renewal notices at the heart of the case.

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ā€˜Tear it upā€™: Judge censures silk in $650M Mercedes-Benz dealer lawsuit
Trials 2022-08-08 11:31 pm By Cindy Cameronne

A court has directed a senior barrister acting in a $650 million lawsuit against Mercedes-Benz to ā€œtear upā€ a letter his instructing solicitors sent concerning the judge’s ownership of a Mercedes vehicle, and said he was “surprised” the counsel signed off on it.

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Silk’s cancellation fee not recoverable after vacated trial
Business of Law 2022-08-08 4:29 pm By Sam Matthews

A judge has declined to pass on a senior barristerā€™s $18,000 cancellation fee as part of an adverse costs order for a vacated trial, noting that such fees are not standard or common practice.

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Mercedes-Benz can’t access chats with Labor senator in $650M dealer suit
Competition & Consumer Protection 2022-08-04 11:29 pm By Cindy Cameronne

Mercedes can’t access communications between Australia’s peak body for car dealers and a Labor senator to use in its defence of a $650 million lawsuit over its decision to move to a fixed-price agency model.

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Mercedes bullied car dealers, called them ā€˜baby pigletsā€™, court told
Trials 2022-08-03 11:40 pm By Cindy Cameronne

Officials at the Mercedes-Benz Australia head office referred to car dealers as ā€œbaby pigletsā€ in internal communications and threatened and bullied the retailers, a trial court has been told in a $650 million lawsuit over the car maker’s decision to move to a fixed-price agency model.

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