Legal Ethics

Banksia class action solicitor suspended from roll for two years

The solicitor found to have acted as a "postbox" to hide conflicts of interest in the class action over Banksia Securities' collapse has been suspended from the roll of practitioners in Victoria for two years, after a judge found he was presently unfit to practice.

Defamation

Kumova extolled mining company in tweets then sold $24M in shares, defamation trial told

Former Young Rich Lister Tolga Kumova sold $24 million worth of shares in mining company after publishing positive social media posts about its prospects, a court has heard in a defamation trial over allegations he engaged in insider trading and pumping and dumping. 

Competition & Consumer Protection

Appeal lodged in class action by cruise voyagers forced to take the bus

Cruise operator Scenic Tours is appealing a courtroom loss that could see it owing $25 million in damages in a class action by travelers who were promised a “once in a lifetime cruise along the grand waterways of Europe” but were instead forced to take the bus from city to city due to heavy rain and high water levels.

Defamation

ABC settles defamation suit over ‘Putin’s Patriots’

The ABC has settled a lawsuit by the head of Russian motorcycle club Night Wolves over an allegedly defamatory Four Corners report.

Employment

Merricks Capital secures undertakings from defecting employees

Melbourne-based hard assets investment manager Merricks Capital has won undertakings from its ex-managing director and two former employees who defected to an investment boutique run by financial commentator Peter Switzer and his son Marty. 

Coronavirus

FWC upholds ‘tragic’ sacking of Qantas engineer who refused COVID-19 vaccine

Qantas' termination of a long-serving engineer who refused to get vaccinated against COVID-19 because he "feared for his life" was a "tragedy" but not unlawful, the Fair Work Commission has found.

Intellectual Property

Confidentiality no ‘excuse’ for Apple refusing to hand over docs in patent dispute, court told

An Australian non-practicing entity alleging Apple's Touch ID and Face ID technology infringes its patents has accused the Silicon Valley company of refusing to comply with court orders to hand over documents.

Trials

Law firm scolded by judge for ‘highly unsatisfactory’ social media post in Kumova trial

A judge has pulled up a law firm over a tweet it published about defamation proceedings brought by investor Tolga Kumova, telling a barrister during the trial Thursday to counsel his instructing solicitors about the “highly unsatisfactory” social media post.

Class Actions

Law firm behind ANZ, Westpac flex commission cases to try again for contingency fees

The law firm that lost the first ever application for a group costs order in class actions against ANZ and Westpac has indicated it will revive its bid, tweaking a retainer agreement with group members in hopes of winning the court's approval this time.

Class Actions

Cosmetic surgery clinic faces class action probe over malpractice claims

A class action investigation is underway against Cosmos Clinics Australia after an investigative  report by Fairfax uncovered what it said was a "litany of troubling practices" at its clinics around Australia.

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