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Government announces crackdown on litigation funders
Class Actions 2020-05-22 10:23 am By Cat Fredenburgh

Litigation funders will soon be brought under the current corporate licencing regime and subjected to greater regulatory scrutiny, an opening salvo by the Morrison Government in its latest probe into class actions in Australia.

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Judge rejects GetSwift’s latest push to delay ASIC trial for a year
Securities 2020-05-21 9:43 pm By Christine Caulfield

Logistics company GetSwift and its directors have failed in a bid for a year-long delay of a trial scheduled to start next month in ASIC’s case alleging breaches of the Corporations Act, despite arguing that the procedural unfairness of a remote hearing gave the regulator a leg-up over the US-based company.

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ACCC’s Rod Sims promises enforcement ramp up after litigation dry spell
Competition & Consumer Protection 2020-05-21 8:35 pm By Alison Eveleigh

A five-month litigation drought due to the difficulties of remote investigations and staff diversions during the coronavirus pandemic will end soon, ACCC chairman Rod Sims told Lawyerly, with enforcement action set to ramp back up in the second half of the year.

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Full Court deals another blow to software patents in Rokt case
Intellectual Property 2020-05-21 11:29 am By Miklos Bolza

The Full Federal Court has rejected a patent application for a digital advertising system by e-commerce firm Rokt in a test case by IP Australia that comes as a blow to the patentability of computer software in Australia.

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Casual workers win big in leave entitlements test case
Employment 2020-05-20 11:08 pm By Christine Caulfield

In a major blow to Australian businesses, the Full Federal Court has ruled that casual employees who work regular shifts are entitled to paid annual, personal and compassionate leave under the Fair Work Act.

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Lawyers to face temperature checks as NSW court moves to reopen
COVID-19 2020-05-20 9:40 pm By Cat Fredenburgh

The NSW Supreme Court has announced a staged reopening of in-person hearings after a two-month hiatus as well as measures to mitigate the risk of COVID-19 transmission, including temperature checks and increased cleaning and disinfection of high-traffic areas.

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‘I didn’t come down in the last shower’: Judge trashes barristers’ submissions in CFMEU whistleblower trial
Employment 2020-05-20 11:33 am By Miklos Bolza

A judge has scrapped overly-long written submissions by barristers in proceedings brought by two CFMEU whistleblowers and replaced them with an extra day of oral submissions at the end of the hearing, saying he was not duped by the “old game” of shrinking margins and fonts in submissions.

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Lawyers to kiss the daily commute goodbye: Work from home is here to stay
Business of Law 2020-05-19 10:36 pm By Alison Eveleigh

Lawyers can kiss goodbye to the daily commute because working from home, which has become the new normal during the coronavirus pandemic, is here to stay, according to several leading law firms.

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Banksia class action law firm flags proportionate liability argument
Class Actions 2020-05-19 5:42 pm By Christine Caulfield

The law firm facing scrutiny over its legal fees in a class action over the collapse of Banksia Securities will argue that if it is found liable for any misconduct in the running of the case at an upcoming trial, the litigation funder and the barristers it briefed share in the blame.

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3A Composites fights for class closure order in combustible cladding action
Class Actions 2020-05-19 4:02 pm By Miklos Bolza

German cladding manufacturer 3A Composites is pushing forward with a bid to close a class action over allegedly combustible cladding to registered group members, arguing that a recent appeals court decision does not bar class closure in this case.

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