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QC who defeated challenges to COVID-19 restrictions tapped for Victoria’s highest court
People In The News 2021-04-13 4:17 pm By Cindy Cameronne

Victoria’s solicitor-general, who led the state government in its successful defence of two legal challenges to its COVID-19 restrictions last year, has been appointed to the Court of Appeal. 

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Judge rejects government’s attempt to limit liability in Murray Darling class action
Class Actions 2021-04-13 3:27 pm By Miklos Bolza

A judge has found the Commonwealth and Murray Darling Basin Authority are not “public authorities”, striking out large portions of their defence in a class action brought by farmers alleging negligent oversight of water management in the critical Australian river system.

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PwC wins access to Baker McKenzie docs from former client in spat over failed bank launch
Accounting 2021-04-12 11:07 pm By Miklos Bolza

PricewaterhouseCoopers has won access to communications between a Chinese lender and its lawyers at Baker McKenzie in a legal stoush over a failed bid to launch the first Chinese bank incorporated in Australia.

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Senior Allens lawyer who sexually harassed colleague was allowed to stay on until litigation finished
Business of Law 2021-04-12 2:44 pm By Miklos Bolza

Big Six firm Allens allowed a senior lawyer to stay on at the firm for five weeks after a sexual harassment incident in 2012, the third such event at the law firm to be disclosed in the past month.

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Court orders G8 class action plaintiff to remove redaction from costs agreement
Class Actions 2021-04-12 11:00 am By Miklos Bolza

A judge has ordered the lead applicant in a shareholder class action against G8 Education to disclose a previously redacted clause of a costs agreement to the childcare centre operator, saying he failed to show how supplying the information would give G8 a tactical advantage in the case.

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Judge sends Epic’s competition dispute with Apple to California
Competition & Consumer Protection 2021-04-09 11:44 pm By Cat Fredenburgh

A judge has found that a clause in Apple’s agreement with developers requires that Fortnite game developer Epic Games litigate a closely watched competition lawsuit against the tech giant on its home turf. 

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Volkswagen loses appeal of landmark $125M fine in ‘turning point’ for ACCC
Competition & Consumer Protection 2021-04-09 8:55 pm By Cindy Cameronne

Volkswagen has lost its challenge to a landmark $125 million Dieselgate penalty handed down by a judge who lambasted a $75 million fine proposed by the ACCC as “manifestly inadequate”, in what ACCC chair Rod Sims told Lawyerly was a “turning point” for the regulator to push for higher fines.

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Law firm drops opt out clause from funding agreement in Boral class action
Class Actions 2021-04-09 3:11 pm By Miklos Bolza

Phi Finney McDonald will amend its funding agreement with Therium in a shareholder class action against Boral after a judge found that an irrevocable opt out provision placed the law firm in a “manifest position of conflict”.

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Johnson & Johnson asks High Court to review landmark pelvic mesh ruling
Product Liability 2021-04-09 2:29 pm By Cat Fredenburgh

A Johnson & Johnson unit wants the High Court to review the Full Federal Court’s rejection of its challenge to a landmark class action ruling that found the company’s pelvic mesh implants were defective and that it failed to adequately warn about their risks.

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Daily Mail can’t grill Erin Molan about Footy Show incident ahead of defamation trial
Defamation 2021-04-08 9:39 pm By Christine Caulfield

The judge overseeing sports presenter Erin Molan’s defamation case against the Daily Mail won’t force Molan to be questioned ahead of trail about a segment on Nine’s The Footy Show in which she laughed at an off-colour joke, saying the  publisher was “fishing”.

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