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Apple to seek stay of Epic Games competition lawsuit
Competition & Consumer Protection 2020-12-08 11:16 am By Cat Fredenburgh

Apple wants to stay a competition lawsuit brought by video game developer Epic Games in Australia, claiming a clause in its developer contract requires any dispute between them to be heard in a California court.

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Elaine Stead is ‘cretinously stupid’, AFR columnist tells court
Defamation 2020-12-07 10:08 pm By Miklos Bolza

The columnist behind two allegedly defamatory Australian Financial Review articles has told the court that he believed former Blue Sky managing director Dr Elaine Stead was “cretinously stupid” because of her “astonishingly ridiculous” behavior on social media at the time of the company’s collapse.

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High Court asked to deal death blow to common fund orders
High Court 2020-12-07 4:57 pm By Cat Fredenburgh

Convenience store chain 7-Eleven has asked the High Court to find courts do not have the power to make common fund orders at settlement or judgment in a class action, one year after the High Court ruled common fund orders could not be made in the early part of a representative proceeding.

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PwC’s client urged to get separate lawyers in tax office stoush over legal privilege
Tax 2020-12-07 4:39 pm By Christine Caulfield

A court battle between the Australian Taxation Office and PricewaterhouseCoopers over the scope of legal professional privilege claimed by one of its major clients, meat processing giant JBS Australia, has hit a preliminary snag over the consulting giant’s representation of JBS, with a judge warning he might compel the company and its subsidiaries to engage independent lawyers.

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Rio Tinto claims cut from Deloitte age discrimination lawsuit
Employment 2020-12-04 10:46 pm By Cat Fredenburgh

Deloitte Touche Tohmatsu has succeeded in striking out claims that it made misrepresentations to Rio Tinto when it appointed a partner nearing the mandatory retirement age to a five-year project with the mining giant.

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Judge nixes bid to boot unregistered group members from Sims class action
Class Actions 2020-12-04 10:23 pm By Christine Caulfield

A bid by the applicant to restrict a securities class action against recycling company Sims Metal Management to shareholders who have registered to join the case has been shot down by a judge, who said the application was not in the interests of justice but “in the interests of injustice”.

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Sydney Opera House fights China group’s trade mark
Intellectual Property 2020-12-04 12:45 pm By Miklos Bolza

The Sydney Opera House is challenging a ruling that denied its opposition to a trade mark application filed by a China-Australia trade association that featured an image of the opera house sails together with the Great Wall of China.

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‘She’s got a claim’: Judge rejects PwC’s bid to shut down ex-director’s lawsuit
Employment 2020-12-04 12:04 pm By Cat Fredenburgh

PricewaterhouseCoopers won’t get a chance to seek summary dismissal of a lawsuit brought by a former company director who claims her notice of termination through DocuSign was invalid and that she was denied entitlements, with a judge saying the former employee had a claim and that the parties needed to “just get on with it”.

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Banksia funder’s son says threat to scrap $64M class action settlement ‘didn’t feel right’
Class Actions 2020-12-03 5:45 pm By Christine Caulfield

The son of Banksia Securities class action funder Mark Elliott questioned his father on whether it was “right” to rip up a $64 million settlement with the collapsed lender’s trustee if the deal didn’t guarantee him a $12.8 million commission, a court has heard.

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Destroying notes was ‘standard practice’, Norton Rose partner tells court
Employment 2020-12-03 5:09 pm By Miklos Bolza

An employment partner at Norton Rose Fulbright has defended his destruction of notes following an internal investigation into allegations of bullying at the law firm, telling a Federal Circuit Court judge that this was “standard practice”.

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