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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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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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On the line: Federal Court keeps wheels of justice turning by telephone
Business of Law 2020-03-20 11:29 am By Christine Caulfield

The Federal Court has updated guidance on its response to the coronavirus outbreak, saying it is working with lawyers to ensure as many hearings listed for the coming months can proceed. And Monday’s calendar, while perhaps lighter than usual, shows multiple matters will be heard as planned — by telephone.

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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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Lawyers rise to challenge of court shutdowns, but backlog will have long-term ripple effect
Business of Law 2020-03-19 2:49 pm By Christine Caulfield

The move by Australia’s highest courts to vacate in-person hearings in the face of the coronavirus pandemic is likely to have only a minor impact on cases in the short term, lawyers say, but the delays to trials and other major hearings will have a flow-on effect that could be felt for years to come.

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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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Societe Generale faces criminal charges over handling of client money
Financial Services 2020-03-18 11:17 am By Cat Fredenburgh

The Australian arm of French investment banking giant Societe Generale is facing four criminal charges for allegedly failing to comply with its obligations to keep client money in separate bank accounts.

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Australia’s highest courts vacate hearings in latest bid to combat coronavirus
Business of Law 2020-03-17 4:42 pm By Christine Caulfield

The Federal Court of Australia has put a stop to all hearings listed up to June 30 and the High Court will not be sitting in April, May or June, the latest moves by the courts to reduce the risk to staff and visitors of exposure to the new coronavirus.

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