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Motorola slams Hytera for ‘pig-headed’ approach to IP expert evidence
Intellectual Property 2019-10-11 2:18 pm By Amelia Birnie

Motorola has slammed competitor Hytera for its “spectacularly poor” handling of expert evidence in a high stakes intellectual property dispute between the two tech giants, arguing the pre-trial timetable should not be upended on account of the Chinese radio maker’s “pig-headed” insistence on using unavailable witnesses.

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Prominent silk Kate Eastman accused of bias in Israel Folau case
Employment 2019-10-10 11:12 pm By Cat Fredenburgh

Former Wallabies star Israel Folau says a tribunal’s decision to terminate his contract with Rugby Australia over homophobic social media posts has no effect due to the apprehended bias of one of its members, prominent barrister and LGBTI rights advocate Kate Eastman.

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Judge refuses access to insurance policy in Advanta Seeds class action
Class Actions 2019-10-10 5:06 pm By Amelia Birnie

The plaintiffs in a farming class action brought against Advanta Seeds over allegedly contaminated sorghum have been denied access to the defendant’s insurance policy documents, after a judge found “significant differences” with a recently successful application in a class action against Radio Rentals.

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Insurer QBE claims Opal Tower cracking not ‘major’
Insurance 2019-10-10 4:33 pm By Amelia Birnie

QBE Underwriting has defended its decision to deny insurance coverage to the builder of Sydney’s troubled Opal Tower development, claiming the cracking was not “major” and did not cause last year’s Christmas Eve evacuation.

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Market-based causation on the line as first shareholder class action judgment looms
Securities 2019-10-09 11:16 pm By Christine Caulfield

The judge who presided over a rare securities class action trial last year against department store Myer will deliver judgment in the case this month that could be the first ruling on causation in Australian shareholder class actions and has the potential to have a chilling effect on law firms bringing the cases.

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High Court finds Connective Services broke the law with share transfer litigation
Appeals 2019-10-09 8:59 pm By Miklos Bolza

The High Court has shut down a lawsuit by mortgage aggregator Connective Services over the transfer of one third of the company’s shares after finding the proceeding prejudiced shareholders and contravened the Corporations Act.

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Examination proceedings brought against Linchpin Capital directors
Restructuring & Insolvency 2019-10-09 4:06 pm By Miklos Bolza

Three former directors of billion-dollar financial advisory firm Linchpin Capital Group will face two days of questioning in examination proceedings filed on behalf of an investor five months after the company was wound up for running an unregistered investment scheme and misleading investors.

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Court can order security against funders in Fair Work class actions, judge rules
Employment 2019-10-08 9:36 pm By Miklos Bolza

A landmark ruling has found judges have the power to order security against litigation funders backing Fair Work class actions, in a decision that could change the landscape of representative proceedings.

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Court of Appeal tosses Quinn Emanuel challenge to AMP beauty parade loss
Appeals 2019-10-08 4:38 pm By Miklos Bolza

A challenge by Quinn Emanuel to a NSW Supreme Court decision staying its shareholder class action against AMP has been unanimously dismissed by the Court of Appeal, which found the class action beauty contest was not decided in error and that subsequently filed representative proceedings were not an abuse of process.

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BlueScope avoids criminal cartel charges, but exec accused of obstructing ACCC probe
Competition & Consumer Protection 2019-10-08 11:56 am By Christine Caulfield

Prosecutors will not lay charges against BlueScope Steel over an alleged price-fixing conspiracy, but its former general manager of sales faces possible jail time after being charged with obstructing the ACCC’s investigation.

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