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Banksia funder’s son says threat to scrap $64M class action settlement ‘didn’t feel right’
Class Actions 2020-12-03 5:45 pm By Christine Caulfield

The son of Banksia Securities class action funder Mark Elliott questioned his father on whether it was “right” to rip up a $64 million settlement with the collapsed lender’s trustee if the deal didn’t guarantee him a $12.8 million commission, a court has heard.

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Destroying notes was ‘standard practice’, Norton Rose partner tells court
Employment 2020-12-03 5:09 pm By Miklos Bolza

An employment partner at Norton Rose Fulbright has defended his destruction of notes following an internal investigation into allegations of bullying at the law firm, telling a Federal Circuit Court judge that this was “standard practice”.

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Court grants Wyeth injunction in Prevnar 13 patent dispute
Intellectual Property 2020-12-03 4:53 pm By Cat Fredenburgh

A judge has enjoined Merck Sharpe and Dohme from launching its 15-valent pneumococcal conjugate vaccine after finding it would infringe claims of a Wyeth patent for its Prevnar 13 vaccine, despite MSD’s argument that barring it from launching the vaccine would be contrary to the public interest.

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Mark Elliott’s son admits postdating cheques to Banksia lawyers ‘doesn’t look good’
Class Actions 2020-12-02 11:12 pm By Christine Caulfield

Lawyer Alex Elliott has told a judge he didn’t know when he postdated cheques for members of the Banksia class action legal team that it was done to mislead the appeals court in the case, but has admitted that in hindsight “it doesn’t look good”.

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Elaine Stead says AFR articles were ‘death knell’ for her career
Defamation 2020-12-02 10:51 pm By Miklos Bolza

Venture capitalist Dr Elaine Stead has taken the stand in a high-profile defamation case against the Nine-owned Fairfax, saying that she felt “shame, embarrassment, humiliation and guilt” over two allegedly defamatory Australian Financial Review articles about her role in the collapsed investment firm Blue Sky.

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Norton Rose partner destroyed evidence in Fair Work case, court told
Employment 2020-12-02 9:18 pm By Christine Caulfield

An employment partner with Norton Rose Fulbright, who has been referred by a judge to the legal watchdog for possible professional misconduct in a case by a former colleague, is under scrutiny in a second Fair Work suit, this time for allegedly destroying evidence.

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High Court rules refugees can sue government for negligence in Federal Court
Chief Justice Susan Kiefel 2020-12-02 5:50 pm By Spencer Fowler Steen

The High Court has ruled that refugees and asylum seekers can sue the government in Federal Court for allegedly breaching its duty of care by failing to provide them with proper medical care while detained in the government’s custody.

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ACCC wins promise from Toyota to step up consumer compliance
Competition & Consumer Protection 2020-12-02 3:59 pm By Spencer Fowler Steen

Car giant Toyota, which is facing a class action over allegedly faulty diesel particulate filters in some of its vehicles, has agreed to step up its compliance with consumer laws, including how it communicates with car owners about mechanical issues.

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BHP says axed worker behind COVID-19 posts didn’t follow social media guidelines
Employment 2020-12-02 12:43 pm By Spencer Fowler Steen

BHP has denied it fired a mine worker for harassing a co-worker on social media for his apparent failure to self isolate on returning from a trip interstate at the start of the first COVID-19 wave, instead claiming she was terminated for failing to follow social media guidelines and because she had a history of violating rules.

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ASIC not ‘disproportionately prejudiced’ by GetSwift’s move to Canada, judge says
Corporate 2020-12-01 9:23 pm By Miklos Bolza

A judge has found that a plan by last mile logistics software company GetSwift to relocate to Canada in the midst of ongoing civil litigation would not “disproportionately prejudice” ASIC, which is seeking penalties against the company.

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