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Judge rejects funder’s bid to send Banksia class action fee dispute to mediation
Class Actions 2020-04-27 4:05 pm By Christine Caulfield

The funder behind the Banksia Securities class action has failed in a bid to have an outstanding case over legal fees and its commission sent to mediation, with a judge saying the issues for trial involve allegations against lawyers of serious misconduct not appropriate for closed-door negotiations.

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Halifax liquidators’ decision to not realise investments gets court backing
Restructuring & Insolvency 2020-04-27 2:08 pm By Cat Fredenburgh

The liquidators of defunct stockbroker Halifax are justified in their decision to refrain from realising existing investments over the protests of some investors, until substantive issues in the liquidation are resolved, a court has directed.

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‘This case makes no sense’: Judge says ‘Love Is In The Air’ infringed, but no damages owed
Intellectual Property 2020-04-27 1:48 pm By Christine Caulfield

A judge has found that an Oregon electronic music duo “flagrantly” copied the 1977 disco hit ‘Love is in the Air’ but has rejected most claims for damages because the copyright holder of the song sued for each streaming and download of the song, rather than for the creation of the infringing work.

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Dentons cuts staff, partner pay to weather pandemic
Business of Law 2020-04-24 11:35 pm By Cat Fredenburgh

Dentons has become the latest law firm to adopt belt-tightening measures in response to the coronavirus pandemic, announcing cuts to staff and partner pay for the next two months.

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Judge questions if High Court ruling allows common fund orders at settlement
Class Actions 2020-04-24 11:34 pm By Miklos Bolza

The judge presiding over the settlement approval hearing in a shareholder class action against telecommunications company Vocus Group has questioned whether the High Court’s recent ruling striking down common fund orders at the outset of class actions would allow him to make such an order at settlement.

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Scenic Tours passengers can claim damages for disappointment, High Court rules
Class Actions 2020-04-24 11:14 pm By Christine Caulfield

Passengers on a European river cruise operated by Scenic Tours can claim damages for disappointment after they were forced to take buses for most of their luxury tour, the High Court has ruled.

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Virgin administrators not on the hook for aircraft leases, for now
Restructuring & Insolvency 2020-04-24 6:41 pm By Alison Eveleigh

The administrators of Virgin Australia will not have to pay the troubled carrier’s aircraft and other lease payments, after a court granted them a temporary exemption from liability.

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Damages hearing in Queensland floods class action to go ahead despite appeal
Class Actions 2020-04-24 6:35 pm By Miklos Bolza

A hearing to determine damages in the Queensland floods class action will proceed next week despite an appeal brought by the two dam operators that were found liable for the 2011 floods in the state that destroyed 2,000 homes.

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Class action says AMP wielding ‘threat’ of strike out application
Class Actions 2020-04-24 3:15 pm By Alison Eveleigh

Repeated suggestions of a planned strike out application are being used as a “threat” by four AMP subsidiaries and two trustees in a consolidated class action over allegedly excessive superannuation fees, a court has heard.

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Jones Day lures competition partner from Herbert Smith Freehills
Competition & Consumer Protection 2020-04-23 9:51 pm By Christine Caulfield

Global law firm Jones Day has nabbed former Herbert Smith Freehills partner Matthew Bull to boost the ranks of its antitrust and competition practice.

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