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Funder of scandal-ridden Banksia class action expresses ‘remorse and regret’
Legal Ethics 2021-03-17 10:44 pm By Christine Caulfield

The litigation funding company controlled by the late solicitor Mark Elliott has told a court of its “remorse and regret” for its misconduct in the Banksia Securities class action, a case that has been described as the “darkest chapter in Victoria’s legal history”.

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‘Disturbing number of similarities’: Judge slaps interim injunction on ‘RestQ’ trade mark use
Intellectual Property 2021-03-17 8:33 pm By Cindy Cameronne

A judge has issued an injunction temporarily barring 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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‘I donā€™t go to court, Iā€™m the boss’: Lawyer suing Daily Telegraph says poor hearing didn’t affect court attendance
Defamation 2021-03-17 4:31 pm By Cindy Cameronne

A Sydney criminal lawyer who alleges two Daily Telegraph articles defamed him by implying he was too old and deaf to represent clients has told a judge he doesn’t attend court much because he’s the “boss” at his law firm, not because he has suffered hearing loss.Ā 

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Hendry Group says ex-CEO ousted because of ‘serious concerns’, not sex discrimination complaints
Employment 2021-03-17 4:30 pm By Miklos Bolza

Business consultancy Hendry Group has told a court there was “no possible causal connection” between sex discrimination complaints brought by a former CEO and her suspension, saying that the company showed her the door because of “genuine and serious concerns” about her conduct.

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Ben Roberts-Smith’s ex-wife will testify that he lied about matters central to defamation case
Defamation 2021-03-17 2:54 pm By Miklos Bolza

The former wife of war veteran Ben Roberts-Smith will testify at an upcoming hearing that he lied about matters that are “centrally relevant” to his defamation case against three newspapers, a court has heard.

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High Court to hear Glencore shipping fee fight with Port of Newcastle
Competition & Consumer Protection 2021-03-17 11:50 am By Cat Fredenburgh

The High Court will weigh in on a dispute between the Port of Newcastle and mining giant Glencore over access charges to shipping channels used to export coal from the Hunter Valley.

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Three law firms to duke it out in Boral class action beauty parade
Class Actions 2021-03-16 10:36 pm By Miklos Bolza

A fight between three leading class action firms over who will lead a potentially lucrative shareholder class action against construction giant Boral is back on, after the High Court pressed go on class action beauty parades.

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Banksia class action funder’s son should not be punished for the sins of his father, judge told
Class Actions 2021-03-16 10:29 pm By Christine Caulfield

The son of Banksia class action funder Mark Elliott was no Michael Corleone of the Godfather, and was not knowingly complicit in an alleged scheme masterminded by his father to defraud group members and destroy evidence, his lawyer has told a court.

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ASIC says auditors weren’t required to school iSignthis on disclosure obligations
Financial Services 2021-03-16 10:17 pm By Cat Fredenburgh

ASIC has fired back at iSignthis’ defence to the regulator’s claims that it violated the Corporations Act by not disclosing $3 million in one-off revenue related to integration agreements, saying it was not the job of its compliance officials to school the fintech on its disclosure obligations.

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Lawyer gets greenlight to file late defamation suit against Ten
Defamation 2021-03-16 5:22 pm By Miklos Bolza

A Sydney solicitor has won an extension of time to file a defamation case against Network Ten after an appeals court found he had valid reason for not bringing the case by the one-year deadline — fighting criminal charges that were eventually dropped.

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