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Pre-case discovery not for determining recovery prospects, judge says in $350M Probuild spat
Construction 2023-07-04 4:19 pm By Sam Matthews

A judge has found that preliminary discovery does not extend to information about the likely recovery of a claim, rejecting an argument that the relevant rule allows prospective plaintiffs to test whether litigation will be “worthwhile”.

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Financial stakes high in Atanaskovic Hartnell’s challenge to ‘campaign of denigration’ ruling
Employment 2023-07-04 3:10 pm By Gareth Baker

An appeal by Atanaskovic Hartnell over a $330,000 damages judgment in favor of a former general manager is motivated in part by the court’s award of costs in what is a typical ‘no-cost’ employment case, the firm has told a judge, who questioned how much money had been spent on the case already.

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Ralan liquidators win OK to pursue sales agent, ATO in $18M litigation
Restructuring & Insolvency 2023-07-04 5:03 pm By Sam Matthews

The liquidators of construction giant Ralan have been given the go-ahead to pursue a former sales manager and his wife as well as the ATO with claims worth over $18 million, with a judge finding the collapsed company operated “a type of Ponzi scheme”.

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GetSwift boss still can’t be found, court hears in lawsuit brought by co-founder
Securities 2023-07-04 2:23 am By Sam Matthews

GetSwift director Joel Macdonald still has not been served almost a year after his former Melbourne Demons teammate James Strauss filed a $15 million lawsuit against him, with a judge adjourning yet another substituted service application.

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Lundbeck’s decade-long damages bid against Sandoz stayed despite High Court win
Intellectual Property 2023-07-04 11:39 pm By Cindy Cameronne

Novartis unit Sandoz has won its bid to stay a case by rival Lundbeck, including orders for damages previously calculated at $26.3 million and counting, despite having succeeded at the High Court in a dispute over its patent for blockbuster antidepressant Lexapro.

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Life insurer Select AFSL, director hit with $13M penalty for unconscionable sales tactics
Insurance 2023-07-04 2:48 pm By Cindy Cameronne

Select AFSL, its related entities and its director have been slapped with $13.6 million in penalties after a judge found that the life insurer used unconscionable phone sales tactics to “wear down” often vulnerable consumers, including migrants and Indigenous communities.

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Peru sour after failed bid to trade mark pisco
Intellectual Property 2023-07-04 5:07 pm By Gareth Baker

The government of Peru has appealed a ruling that rejected its bid to trade mark the alcoholic spirit pisco, after an IP Australia delegate found Aussie consumers think of more than Peruvian pisco when they see the name.

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Dow loses latest spat with Nufarm over patent for low vapour drift herbicide
Intellectual Property 2023-07-04 3:03 pm By Cindy Cameronne

The successor of Dow Agrosciences has lost its latest bid to register a patent that is aimed at limiting the worldwide problem of herbicide vapour drift after a delegate found that its seventh such patent had no inventive step. 

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Time to end this ‘sorry business’: Court tosses objection to EY settlement
Professional Negligence 2023-07-03 4:08 pm By Cindy Cameronne

A court has blessed a trust’s settlement with Ernst & Young that resolves a negligence case linked to a decade-long tax dispute that went to the High Court, rejecting an objection to the deal and saying it was “time this matter was brought to a conclusion”.

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In class action defence, Optus says data breach victims not entitled to damages
Class Actions 2023-07-03 5:07 pm By Sam Matthews

Optus has denied class action claims that customers suffered loss and damages for its alleged negligence in relation to last year’s massive data breach and argues they are not entitled to compensation for distress, frustration or disappointment that does not amount to a recognised psychiatric illness.

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