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DLA Piper admits to breaching disclosure obligations in $466,000 costs dispute
Intellectual Property 2020-03-23 12:49 pm By Miklos Bolza

A dispute over approximately $466,000 in unpaid legal costs has been sent to the Victorian Supreme Court after DLA Piper admitted it breached its disclosure obligations to a client in a patent case over a laser safety system.

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Coronavirus shuts down ACCC cross-examinations in landmark ANZ cartel case
Competition & Consumer Protection 2020-03-20 10:10 pm By Christine Caulfield

For the lawyers conducting the committal hearings in the criminal cartel case over ANZ’s $2.5 billion equity raising, the Sydney Downing Centre courtroom was already too close for comfort.

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Former Russells solicitor resolves case against firm
Employment 2020-03-20 9:45 pm By Cat Fredenburgh

A former Russells restructuring and insolvency lawyer has resolved a lawsuit alleging the firm tried to manufacture a reason to terminate his unemployment.

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Litigating in the age of coronavirus: The Dick Smith trial goes virtual
Trials 2020-03-20 7:15 pm By Cat Fredenburgh

Six law firms are working on a consolidated trial of multiple class actions over the collapse of retailer Dick Smith, but when the trial opened in the NSW Supreme Court this week, a lone barrister appeared in court before Justice Michael Ball, amid a sea of empty bar tables. Most of the hearing’s participants joined through a virtual courtroom while members of the public were invited to watch the trial unfold on a YouTube live stream. Welcome to litigating in the age of the coronavirus.

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AFT loses challenge to ruling over ‘misleading’ Maxigesic ads
Competition & Consumer Protection 2020-03-19 9:07 pm By Cat Fredenburgh

AFT Pharmaceuticals has lost its challenge to a ruling that ads claiming its painkiller Maxigesic is more effective than Nuremol were misleading and deceptive, with the Full Federal Court saying the primary judge did not err in finding the ads lacked an adequate scientific basis.

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Clive Palmer loses second bid to quash criminal charges over resort villa takeover
Corporate 2020-03-19 4:37 pm By Christine Caulfield

Billionaire Clive Palmer has lost his appeals court fight to shut down criminal proceedings alleging his resort company breached takeover laws, with three judges saying his claims were untenable.

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HWL Ebsworth must pay indemnity costs in ex-partner spat after ‘unreasonable’ rejection of compromise
Business of Law 2020-03-19 2:47 pm By Christine Caulfield

HWL Ebsworth is on the hook for the legal costs of an unfair dismissal case won by ex-partner Tim Griffiths, and the law firm must pay almost two years of legal bills on an indemnity basis after it twice refused an offer of settlement.

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BHP can’t pause shareholder class action over Brazil dam failure
Class Actions 2020-03-18 10:18 pm By Christine Caulfield

BHP has failed in a bid to shut down a class action over the Fundao dam failure pending criminal proceedings in Brazil, with a judge ruling the mining giant would not be prejudiced if the case proceeded for now.

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Tandem unit loses bid to de-class ‘sham’ contracting class action
Class Actions 2020-03-18 2:43 pm By Cat Fredenburgh

A unit of Telstra contractor Tandem has lost its bid to de-class a ‘sham’ contracting class action brought on behalf of telecommunications workers who claim they were denied benefits by being misclassified as contractors.

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CBA’s Colonial First faces ASIC action over MySuper statements
Financial Services 2020-03-17 9:20 pm By Christine Caulfield

The corporate cop has brought legal proceedings against the Commonwealth Bank’s wealth management unit claiming it made misleading or deceptive statements to over 12,000 fund members during the transition to MySuper accounts.

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