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Clayton Utz sends staff home amid coronavirus concerns
Business of Law 2020-03-05 5:20 pm By Cat Fredenburgh

Law firm Clayton Utz has sent staff at its Sydney office home amid concerns that one of its employees may have been exposed to the coronavirus.

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Judge scolds parties for delaying funder’s landmark appeal by three months
Appeals 2020-03-05 1:34 pm By Alison Eveleigh

Litigation funder Augusta Ventures has had its appeal of a groundbreaking ruling that put it on the hook for security for costs in a Fair Work class action pushed back by three months after a delayed case management hearing, with a Federal Court judge telling the parties they were to blame.

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IMF Bentham CEO says funders must evolve with ever-changing class action regime
Business of Law 2020-03-05 1:11 pm By Christine Caulfield

As Victoria looks set to pass legislation allowing law firms to cut litigation funders out of class action work, and the High Court increases the risks of financing group proceedings, funders operating in Australia have been forced to think on their feet to adapt to the ever-changing regime. Australia’s largest litigation funder IMF Bentham is no exception, CEO Andrew Saker told Lawyerly.

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‘Disappointed’ ACCC won’t challenge ruling on $15B Vodafone, TPG merger
Competition & Consumer Protection 2020-03-05 9:37 am By Cat Fredenburgh

The Australian Competition and Consumer Commission says it has no grounds to challenge a ruling that found the $15 billion merger of Vodafone with telecommunications rival TPG would not substantially lessen competition.

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‘Manifestly excessive’ $238,000 defamation payout to childcare worker tossed on appeal
Defamation 2020-03-04 5:30 pm By Alison Eveleigh

A Sydney-based childcare centre that sent an allegedly defamatory email to 35 people has won its appeal of a $238,000 damages award, with an appeals court calling the figure “manifestly excessive” and questioning the “fundamental approach to damages” in defamation cases in NSW.

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Former Bechtel exec wins appeal, can claim $11.8M share loss as tax deduction
Tax 2020-03-04 5:15 pm By Miklos Bolza

A former executive of engineering giant Bechtel will be allowed to deduct over $11.8 million in share losses from his taxable income after successfully challenging a ruling to the Full Federal Court, in a decision that clarifies taxation law for income and capital regarding asset trades.

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Ousted Piper Alderman partner says sex discrimination case a matter of ‘public importance’
Business of Law 2020-03-04 2:18 pm By Christine Caulfield

A former Piper Alderman partner is seeking to revive her unlawful discrimination case dismissed last year by the Australian Human Rights Commission, saying the seriousness of the allegations and the “public importance” of protecting women leaders from discrimination were powerful reasons to allow her claims to move forward.

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Solicitors ordered to look for missing phone of deceased class action lawyer
Class Actions 2020-03-03 10:47 pm By Christine Caulfield

A judge has directed solicitors for deceased lawyer and funder Mark Elliott to search for his missing mobile phone, which is wanted for potential evidence by a court-appointed contradictor investigating alleged professional misconduct on the part of the legal team behind a settled class action against failed Banksia Securities.

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Judge signs off on $2.6M for lead applicants in Johnson & Johnson pelvic mesh class action
Class Actions 2020-03-03 8:40 pm By Alison Eveleigh

A Federal Court judge has awarded combined damages of $2.6 million to the lead applicants in the Johnson & Johnson pelvic mesh class action, following a landmark ruling in November which found that the pharmaceutical giant did not adequately warn of the risks of the implants.

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‘An inexact science’: Geowash execs can’t void Thomson Geer costs agreement
Competition & Consumer Protection 2020-03-03 4:48 pm By Cat Fredenburgh

Two executives of car wash franchisor Geowash that were found to be knowingly involved in the company’s unconscionable conduct in its dealings with franchisees have lost their bid to void a costs agreement with law firm Thomson Geer, with a judge calling legal cost estimations “an inexact science”.

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