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Icon, structural engineer WSP added as defendants in Opal Tower class action
Class Actions 2021-06-10 1:10 pm By Miklos Bolza

Opal Tower builder Icon and structural engineer WSP Structures have been joined as defendants in a class action brought by property owners, who have also added a slew of consumer law claims to the complex proceedings.

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Westpac attacks ASIC ‘junk’ insurance case, says customers agreed to take out cover
Financial Services 2021-06-10 12:26 pm By Miklos Bolza

Westpac has shot back at a lawsuit brought by ASIC over the selling of alleged poor value insurance products, with the bank saying its customers had agreed to take out the “optional” coverage.

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Full Court warned sending Epic Games lawsuit against Apple to California would have ‘chilling effect’
Competition & Consumer Protection 2021-06-09 4:41 pm By Miklos Bolza

Video game developer Epic Games has asked the Full Federal Court to overturn an “illogical” decision sending its competition lawsuit against Apple to California, saying the move would have a “chilling effect” on the enforcement of Australia’s competition laws.

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Detainees can’t rejoin class action after settling claims against NT government
Class Actions 2021-06-09 4:28 pm By Christine Caulfield

Two former detainees of youth detention centres in the Northern Territory can’t rejoin a class action against the NT government after settling their claims, despite the “unsatisfactory” circumstances surrounding their exclusion from the proceedings, a judge has found.

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Slater and Gordon’s Kaitlin Ferris ‘walking the walk’ on equitable briefing
Litigation Rising Stars 2021-06-09 3:26 pm By Miklos Bolza

Slater and Gordon principal Kaitlin Ferris leadership prowess extends beyond the world of class actions, with the natural born leader also earning praise for “walking the walk” on equitable briefing and diversity.

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‘Uncomfortable’ judge told Ben Roberts-Smith not in relationship with lawyer
Legal Ethics 2021-06-09 1:35 pm By Cindy Cameronne

News publisher Fairfax has been accused of attempts to intimidate Ben Roberts-Smith’s lawyer in contempt of court by publishing inaccurate media reports that the solicitor is in a romantic relationship with the former soldier, after a judge said the reports had made him “uncomfortable”.  

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Judge tosses Caltex trade mark case, says Chevron does not own colour red
Intellectual Property 2021-06-08 9:57 pm By Miklos Bolza

Chevron has mostly failed in its lawsuit accusing Australian petrol station company Ampol of infringing its Caltex trade marks, with a judge finding that Chevron’s case sought exclusive use over the colour red and was “at odds with commercial sense”.

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Greenpeace wins IP stoush with AGL over ‘satirical’ campaign
Intellectual Property 2021-06-08 9:52 pm By Christine Caulfield

A judge has thrown out trade mark infringement claims brought by AGL against Greenpeace for using the energy company’s logo in a public campaign labelling it “Australia’s biggest climate polluter”.

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HWL Ebsworth faces $130M negligent advice case by ex-client
Real Estate 2021-06-08 4:45 pm By Cindy Cameronne

A former client is seeking damages of up to $130 million from HWL Ebsworth in a lawsuit accusing the law firm of giving negligent advice on a joint venture to develop land.

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Liquidators of S&P class action plaintiff win strikeout bid in spat over funder’s agreements
Class Actions 2021-06-08 4:24 pm By Christine Caulfield

A judge has gutted a defence and counterclaim filed by the biggest unitholder in investment fund Vale in a battle with a litigation funder and liquidators over agreements to join two class actions against S&P Capital, a fight that threatened to hold up one of the class actions.

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