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Worker ‘heavily medicated’ during settlement can’t amend case against law firms
Employment 2021-08-24 2:04 pm By Miklos Bolza

An IT specialist who claims he was was “heavily medicated” when settling Fair Work Commission claims has lost a bid to amend his pleadings in a workplace injury and negligence case that has ensnared law firms Harmers Workplace Lawyers and Firths.

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Broadcaster appeals Seven’s win over ‘7HD’ trade mark
Intellectual Property 2021-08-24 11:42 pm By Cindy Cameronne

A Thai broadcaster has appealed a decision by IP Australia that found its proposed 7HD trade mark was deceptively similar to the Seven television network’s mark.  

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Government faces 83 negligence lawsuits by asylum seekers
Associate Justice Verity McWilliam 2021-08-24 11:12 am By Bianca Hrovat

The Commonwealth is currently facing 83 negligence lawsuits in the Federal Court by asylum seekers who claim the government knew they were vulnerable to physical and psychological injuries and other illnesses, which could be exacerbated by detention in prison-like facilities.

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Westpac cops $10M fine in personal advice case, but doesn’t say sorry
Financial Services 2021-08-23 4:16 pm By Cindy Cameronne

Two Westpac units have been hit with $10.5 million in fines for providing personal financial advice during a superannuation rollover campaign, with a barrister for ASIC noting the bank had not apologised or expressed regret for the conduct.

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NAB super class action must cover bases with group members after landmark ruling
Class Actions 2021-08-23 2:57 pm By Miklos Bolza

The applicant in a Federal Court class action against NAB superannuation trustee NULIS has been ordered to find a sample group member in light of a landmark Victoria Supreme Court ruling that found the plaintiff in a similar class action could not establish any loss.

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‘Completely off the track’: Judge got it wrong in deep sleep therapy case, Full Court told
Appeals 2021-08-23 9:17 pm By Christine Caulfield

A judge who dismissed a defamation case against HarperCollins by two psychiatrists who administered the controversial deep sleep therapy at Chelmsford Private Hospital in the 1970s was criticised Monday for her ‘presumptuous cynicism’.

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‘Very sad’: Cost of barristers’ fees for three days could have been avoided, FWC says
Employment 2021-08-23 8:41 pm By Cindy Cameronne

Barristers’ costs for a three-day hearing over alleged unfair dismissals of two childcare workers, which exceeded the $60,000 the workers were awarded, could have been avoided with a more “realistic” approach to negotiation, the Fair Work Commission has said.

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Telegraph says art dealer’s ‘misrepresentation’ invalidates $50K settlement deal in defamation case
Defamation 2021-08-23 2:35 pm By Christine Caulfield

A $50,000 settlement agreement between Nationwide News and an art collector who alleged he was defamed by a Sunday Telegraph article was invalid because the dealer lied to the publisher, a court has been told.

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Innovation patents: the end is nigh
Expert Insights 2021-08-23 4:29 pm By Editor

New standalone innovation patents will no longer be able to be filed after 25 August 2021. Patentees who wish to benefit from the innovation patent system must take steps to ensure that any complete application for an innovation patent or a standard complete application (from which they could divide out later) be filed on or before 25 August 2021, say James Lawrence and Dominique Blik of Mills Oakley.

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7-Eleven to pay $98M to settle franchisee class action
Class Actions 2021-08-20 1:48 pm By Cat Fredenburgh

Convenience store giant 7-Eleven has agreed to pay $98 million to settle two class actions accusing it of misleading franchisees, the largest class action settlement reached so far this year.

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