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COVID-19 class actions against Victorian government doomed to fail, court told
Class Actions 2021-05-31 10:38 pm By Christine Caulfield

Two class actions over Victoria’s botched handling of the COVID-19 hotel quarantine program alleged to be responsible for the state’s second pandemic wave plead a novel duty of care that doesn’t exist, a court has heard.

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Lawyers who accused Vic Supreme Court of bias dodge contempt finding
Legal Ethics 2021-05-31 6:55 pm By Cindy Cameronne

A barrister and solicitor who accused the Victoria Supreme Court of bias have avoided a contempt of court ruling, despite a judge finding their conduct ā€œfell short of the standards of competence and diligenceā€ expected of lawyers.

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Christian Porter drops defamation case against ABC after losing silk
Defamation 2021-05-31 4:42 pm By Christine Caulfield

Federal government minister Christian Porter has discontinued his defamation action against the ABC and Louise Milligan, just days after a court ruled that silk Sue Chrysanthou could not represent him.

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Class action investigation targets a2 Milk over Chinese baby formula sales woes
Class Actions 2021-05-31 3:59 pm By Miklos Bolza

Plaintiffs law firm Slater & Gordon is considering a shareholder class action against the a2 Milk company over its 2021 financial year guidance, which was downgraded after weak baby formula sales to China.

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Clive Palmer not gonna take it: Appeal filed in Twisted Sister copyright case
Intellectual Property 2021-05-31 1:57 pm By Christine Caulfield

Billionaire Clive Palmer is challenging a ruling that he pay $1.5 million in damages to Universal Music for violating the copyright on Twisted Sister’s ‘We’re Not Gonna Take It’ in a tune for his political ads, saying he should pay only $1 in nominal damages.

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Shine’s Joshua Aylward makes mark representing the town that ‘felt forgotten’
Litigation Rising Stars 2021-05-31 1:30 pm By Cindy Cameronne

Shine Lawyers practice leader Joshua Aylward knew since high school that he wanted a career that was fulfilling and would allow him to help people. He made his first foray into the law at the tender age of 19, working full-time as a law clerk in the small country town of Dalby in rural Queensland because the best way to learn was ā€œon the jobā€.

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Government ordered to do ‘root and branch review’ of PFAS class action defence
Class Actions 2021-05-28 11:38 pm By Cat Fredenburgh

A judge has ordered the federal government to file an amended defence in one of two class actions over its use of allegedly toxic firefighting foam on military bases, after being accused of lodging a deficient pleading.

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Clive Palmer can’t stay battle in decade-long ‘litigious warfare’ with CITIC
Energy & Natural Resources 2021-05-28 11:28 pm By Christine Caulfield

Billionaire Clive Palmer has lost his attempt to shut down a breach of contract case over the $5.8 billion Sino Iron project brought by the Hong Kong-based mining conglomerate CITIC, the latest front in the “theatres of conflict” between the warring parties.

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Freedom Foods loses second bid to have $20M Blue Diamond feud heard in Australia
Arbitration 2021-05-28 11:02 pm By Christine Caulfield

Freedom Foods’ dispute with Blue Diamond Growers over an almond licensing deal will be heard by an arbitrator in California after an appeals court rejected the company’s plea for an Australian judge to determine the case.

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Full Court won’t undo injunction barring ‘RestQ’ trade mark use
Intellectual Property 2021-05-28 10:19 pm By Cindy Cameronne

An appeals court has upheld a ruling which bars use of the RestQ trade mark on sleep products sold by Martin & Pleasance because of a ā€œdisturbingā€ number of similarities with the marketing and appearance of an established competitorā€™s Rescue natural sleep aid product.

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