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IP lawyer unfairly terminated for browsing personal websites
Employment 2023-11-24 5:14 pm By Cat Fredenburgh

The Fair Work Commission has awarded compensation to an intellectual property lawyer who was unfairly dismissed for browsing personal websites during a period in which he said he was too busy to attend to a client’s patent application.

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Settlement offer not inadmissible in case against law firm, judge says
Professional Negligence 2023-11-24 11:52 pm By Sam Matthews

A judge has ruled that a settlement offer made in a case can be adduced into evidence in a construction company’s suit against its former lawyers, finding that the offer was not covered by without penalty privilege.

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Firm’s fees in Boston Scientific class action OK’d, 8 months after settlement gets nod
Class Actions 2023-11-24 11:34 pm By Christine Caulfield

A judge has signed off on almost $7.5 million in fees billed by the law firm behind the pelvic mesh class action against Boston Scientific, eight months after he approved the device maker’s $105 million settlement.

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Clive Palmer loses challenge to rejection of Gold Coast development plan
Real Estate 2023-11-24 11:02 pm By Sam Matthews

Clive Palmer has lost his bid to overturn a council decision to reject his plan for a residential development at a Gold Coast flood plain, with a judge noting that would-be residents would be subject to the “adverse odours” of a nearby sewerage treatment plant.

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AMP to pay $100M to settle BOLR class action
Class Actions 2023-11-23 1:58 pm By Cat Fredenburgh

AMP has agreed to pay $100 million to settle a class action by financial advisers over its buyer of last resort policy, after suffering a loss at trial.

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Bruce Lehrmann admits he gave false evidence to AFP
Trials 2023-11-23 2:04 pm By Cindy Cameronne

Accused rapist Bruce Lehrmann has admitted during cross-examination in his defamation trial against Network Ten that he gave false evidence in an interview with the Australian Federal Police, which he relied on during a criminal trial last year.

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Mercer Financial hit with $12M penalty for fees-for-no-service conduct
Financial Services 2023-11-23 3:13 pm By Sam Matthews

A judge has ordered wealth manager Mercer Financial Advice to pay a $12 million penalty for “extremely serious” fees-for-no-service conduct and breaches of its fee disclosure obligations, in a case brought by the Australian Securities and Investments Commission. In the case, filed in June last year,  ASIC alleged that Mercer charged 761 customers a total…

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United class action wants to add commission agents, join parent company
Class Actions 2023-11-23 11:35 am By Christine Caulfield

A franchise class action against United Petroleum has asked a court for leave to expand the class action to include a group of commission agents and to add the oil company’s parent as a third defendant.

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ASIC dodges indemnity costs for ‘unreasonable’ rejection of settlement in case against liquidator
Restructuring & Insolvency 2023-11-23 9:21 pm By Cat Fredenburgh

ASIC has escaped an individual insolvency practitioner’s bid for indemnity costs in its failed case alleging illegal phoenix activity, with a judge finding the regulator did not unreasonably reject a settlement offer that would have netted it “a considerably better result” than it won at trial.

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Sandoz tries again to invalidate Xarelto patents
Intellectual Property 2023-11-23 11:31 am By Cat Fredenburgh

Novartis unit Sandoz AG has filed an appeal after it was was barred from selling a generic version of top-selling blood clot drug Xarelto and failed to revoke two Bayer patents for the drug.

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