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HWL Ebsworth softens stance, lets lawyers work from home
Business of Law 2020-03-26 9:08 pm By Christine Caulfield

After insisting that employees remain working in the office despite tough government restrictions to combat the spread of the new coronavirus, HWL Ebsworth has changed its tune, saying any lawyer wishing to work remotely could now do so, and would be paid as usual.

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Judge says funder can’t have cut of Banksia receivers $5.5M settlement with insurer
Class Actions 2020-03-26 3:01 pm By Christine Caulfield

The litigation funder controlled by recently deceased class action lawyer Mark Elliott has lost its bid for a 12.5 per cent commission of a $5.5 million settlement secured by the special purpose receivers of Banksia Securities in its claim against the collapsed firm’s former insurance broker.

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Rascal + Friends says rival nappy maker’s patent claims don’t hold water
Intellectual Property 2020-03-26 2:49 pm By Cat Fredenburgh

Nappy maker Rascal + Friends has brought a lawsuit seeking to invalidate a patent held by Japanese competitor Uni-Charm.

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Court wrestles with how toxic foam settlement objectors will be heard
Class Actions 2020-03-26 2:17 pm By Miklos Bolza

The judge overseeing the $212.5 million settlement in three toxic foam class actions against the Commonwealth of Australia has been told of at least one objection to the deal and has flagged difficulties taking submissions from opposing group members at an upcoming approval hearing.

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Mark Elliott’s Blackberry found, judge orders search of phone for evidence in Banksia class action
Class Actions 2020-03-26 1:57 pm By Christine Caulfield

The hunt for the missing Blackberry of deceased class action lawyer and funder Mark Elliott is over, and the located phone will now be examined by IT experts to see if it can be searched for potential evidence to be used as part of an investigation ofĀ  alleged professional misconduct by the legal team behind a class action against failed Banksia Securities.

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Class action could be filed on behalf of Ruby Princess passengers
Class Actions 2020-03-25 5:24 pm By Miklos Bolza

Princess Cruises and the Federal Government could face negligence claims — and a possible class action — by passengers of the Ruby Princess cruise ship, which docked in Sydney last Thursday and allowed dozens of people infected with COVID-19 to disembark.

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Rinehart family ordered into mediation in long-running feud over $4B trust
Energy & Natural Resources 2020-03-25 4:46 pm By Miklos Bolza

A judge has ordered the Rinehart family to enter mediation in their feud over a $4 billion trust, saying it was “overwhelmingly in the interests of the administration of justice” to seek an end to the long-running and bitter dispute.

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Surfstitch class action settlement amount slashed amid ‘very difficult retail environment’
Class Actions 2020-03-25 1:54 pm By Miklos Bolza

Group members in two settled class actions against clothing retailer Surfstitch have been told the settlement amount available to them has plummeted amid a “very difficult retail environment”.

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Judge says watching trial on iPad in lockdown scenario would be ‘unsatisfactory’
Intellectual Property 2020-03-25 12:41 pm By Miklos Bolza

The judge overseeing the trial in a trade secrets case brought by Australian auto electronics developer Directed Electronics OE against its rivals is considering how the cross-examination of witnesses will proceed given current restrictions imposed on gatherings due to the coronavirus, including in the event of a possible lockdown.

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Court to determine Sony Playstation penalty without hearing
Competition & Consumer Protection 2020-03-25 12:15 pm By Cat Fredenburgh

A hearing has been vacated in ACCC proceedings brought against Sony alleging it misled gamers who purchased faulty PlayStation games, with any penalty the entertainment company should face to be decided by the court on written submissions alone as it seeks to avoid in-person hearings.

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