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Top silk to lead NSW government inquiry into Ruby Princess cruise ship
Class Actions 2020-04-15 1:33 pm By Christine Caulfield

A leading barrister has been appointed by the NSW premier to head an inquiry to investigate the docking and disembarking of the Ruby Princess cruise ship, now linked to 18 COVID-19 related deaths.

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Tips from top barristers on litigating in a virtual courtroom
Feature 2020-04-14 10:14 pm By Miklos Bolza

The novel coronavirus pandemic has forced Australian courtrooms into the virtual world, with many barristers and solicitors litigating via phone or video for the first time. Here, some of Australia’s top barristers offer tips on how to bring your A game into the virtual realm.

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Class can’t access insurance docs in action over ‘illusory’ car warranties
Class Actions 2020-04-14 5:23 pm By Miklos Bolza

The applicant in a $47.6 million class action against a unit of car leasing company McMillan Shakespeare has been denied access to insurance documents sought to determine the value of the case, with a judge saying access would “distort the playing field”.

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Bega triumphs again in $60M battle over peanut butter IP rights
Intellectual Property 2020-04-14 3:47 pm By Cat Fredenburgh

Kraft has lost an appeal in its high-stakes legal battle against Bega over the right to use its distinctive peanut butter trade dress in Australia.

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‘This is the reality of litigation in Australia’: Class action clashes with Ford over virtual trial
Trials 2020-04-09 9:59 pm By Christine Caulfield

Arguing that the court should not be “baulking at problems that have the potential to occur”, counsel for a class action against Ford is pushing back against a bid by the car maker to put the brakes on an upcoming virtual trial the company says will be too difficult and costly.

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Judge ā€˜pleasantly surprisedā€™ by virtual trials, refuses to delay GetSwift hearing
Trials 2020-04-09 8:07 pm By Alison Eveleigh

A judge has refused to delay a civil penalty hearing brought by ASIC against GetSwift, scheduled to begin in June, after the logistics company argued that the virtual hearing necessitated by the COVID-19 pandemic would be prejudicial and the proceedings should be adjourned.

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Judge calls for legislative fix in wake of High Court’s common fund ruling
Class Actions 2020-04-09 1:50 pm By Christine Caulfield

Lamenting that he now has less flexibility to manage commission rates, a judge has called for legislative intervention to give courts authority to regulate funding arrangements at the outset of class actions, a power stripped from them by the High Court late last year.

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Litigation funders say they are ‘largely immune’ to COVID-19 crisis
Business of Law 2020-04-08 11:29 pm By Miklos Bolza

While law firms and barristers are bracing for work slowdowns due to the coronavirus, litigation funders told Lawyerly it’s business as usual for them.

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Fair trial not possible in virtual courtroom, says judge overseeing Obeid, Macdonald case
White Collar 2020-04-08 10:49 pm By Christine Caulfield

A fair trial cannot be conducted in a virtual courtroom, the judge overseeing the criminal case against former NSW Labor ministers Eddie Obeid and Ian Macdonald has said in adjourning their hearing for five months.

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Seven West sues Bauer to keep $40M acquisition on track
Corporate 2020-04-08 2:44 pm By Cat Fredenburgh

Seven West Media has filed a lawsuit against Bauer Media to compel the German company to complete its planned $40 million acquisition of the Australian media giant’s Pacific Magazines unit.

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