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Former HWL Ebsworth partner invalidly expelled ahead of planned IPO, court rules
Business of Law 2024-04-08 2:33 pm By Cindy Cameronne

A judge has ruled that HWL Ebsworth invalidly expelled a former capital partner, finding that the expulsion, which prevented him from participating in a planned float of the firm on the ASX, breached the partnership deed. 

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New Victorian Supreme Court practice note ‘should have gone further’, lawyers say
Analysis 2024-04-08 11:15 pm By Sam Matthews

Leading lawyers have welcomed a new practice note in the Commercial Court division of the Victorian Supreme Court, including a “rigid framework” to cut down on interlocutory disputation which is expected to benefit commercial class action litigants, but some say the note “should have gone further” to compel discovery from defendants.

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ASIC says it lacks evidence to charge Nuix CEO with insider trading
Securities 2024-04-08 11:21 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has dropped its investigation into whether Nuix’s chief executive officer Jonathan Rubinsztein unlawfully bought shares in the company after learning about a potential takeover offer.

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Damages trial in live export class action to push case into 11th year
Class Actions 2024-04-08 1:10 pm By Cindy Cameronne

A hearing in a class action to determine the extent of lost sales suffered by cattle exporters following a ban on live exports has been set down for April next year, making the case the oldest unresolved class action on the Federal Court docket.

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Norton Rose Fulbright picks up technology partner from Lander & Rogers
Technology 2024-04-08 11:11 pm By Andy Sidler

Cross-border technology expert Lisa Fitzgerald has joined Norton Rose Fulbright from Lander & Rogers, bringing her expertise in media, telecommunications, privacy and intellectual property to the firm.

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Billionaire Merivale owner Justin Hemmes sues restaurant over ‘Establishment’ name
Intellectual Property 2024-04-08 1:36 pm By Cindy Cameronne

Sydney hospitality mogul Justin Hemmes has sued a Brisbane restaurant, Establishment 203, claiming it has breached its ‘Establishment’ trade mark and failed to carry out any searches before opening its business under the name. 

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After ‘sordid’ evidence airs in Lehrmann case, judge asks what he’s to make of it
Defamation 2024-04-05 10:06 pm By Cindy Cameronne

A judge has questioned the relevance of an ex-Seven producer’s “sordid” evidence that the network rewarded him after using company funds to buy sex workers for the accused rapist Bruce Lehrmann, saying both sides had made strong arguments against his and Brittany Higgins’ credibility. 

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K&L Gates’ demand for $745,000 in fees from client defective and misleading, court says
Business of Law 2024-04-05 11:29 pm By Christine Caulfield

A judge has quashed a statutory demand by K&L Gates seeking $745,000 in fees from a former client, saying the law firm’s alleged debt included amounts owing its US counterpart, in currency converted to Australian dollars who knows when.

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‘This poor gentleman’: Judge raises issue of fairness to Seven lawyer named in Lehrmann case
Defamation 2024-04-05 3:19 pm By Cindy Cameronne

A judge hearing Bruce Lehrmann’s reopened defamation trial has expressed concern about evidence regarding non-parties to the lawsuit, including a solicitor who is said to have acted for Seven, saying “allegations are being thrown around like a gatling gun”.  

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No more ‘unadulterated waffle’ please: Court has gone awry with unconscionable conduct, judge says
Competition & Consumer Protection 2024-04-05 11:32 pm By Christine Caulfield

A judge who tossed a $650 million lawsuit by dealers against Mercedes-Benz has said he rejected a “value-laden” take by other judges on what amounts to unconscionable conduct, avoiding what he mockingly described as “putatively profound” propositions “dollied up in prettified prose”.

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