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‘Everybody is incredulous’: Silk tells court of surprise at Norman O’Bryan’s fall from grace
Legal Ethics 2022-03-23 10:18 pm By Christine Caulfield

Commenting on the unprecedented nature of the case against her client — the so-called postbox solicitor in the Banksia Securities class action — a senior barrister has told a court of her shock at the conduct of her former colleague at the bar, Norman O’Bryan, who acted as lead counsel in the scandal-ridden litigation.

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IAG appeals to High Court, says JobKeeper should offset any COVID-19 payouts
Insurance 2022-03-22 10:38 pm By Christine Caulfield

While mostly prevailing in test cases over coverage for COVID-19 business interruption claims, Insurance Australia Group has asked the High Court to weigh in on what it says is a “radical” approach by an appeals court in the treatment of JobKeeper payments.

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Greensill says insurer BCC liable for misleading statements if IAG right
Insurance 2022-03-22 3:01 pm By Christine Caulfield

Insurance Australia Group agent Bond & Credit Company owes damages for misleading representations to Greensill Capital if the insurer was not authorised to enter into a trade credit policy at the centre of four lawsuits over the collapse of the financial services firm, a court has been told.

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Electronics giant Uniden faces court fight over design of latest radio
Intellectual Property 2022-03-17 4:26 pm By Christine Caulfield

Japan’s Uniden has been hit with an intellectual property lawsuit by Australia’s only CB radio manufacturer, which alleges the upcoming launch by the wireless communications giant of two new products amounts to infringement of its design patent.

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Judge to lawyers: I hate to break it to you, but I don’t want your emails
Courts 2022-03-15 2:13 pm By Christine Caulfield

A judge overseeing a joint class action against Freedom Foods and Deloitte wants to break a bad habit among litigators of attaching to affidavits reams of correspondence between solicitors, and she has a message for legal practitioners — the court is not interested in what lawyers say to each other.

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No duty of care owed to kids by environment minister, Full Court rules
Environment 2022-03-15 10:45 am By Christine Caulfield

The Full Federal Court has overturned a historic judgment that found the federal minister for the environment owed a duty of care to Australians under 18 to protect them from ‘catastrophic’ harm caused by the approval of the Vickery coal mine expansion.

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Seven in talks to settle fight with broadcaster over 7HD trade mark
Intellectual Property 2022-03-14 11:15 am By Christine Caulfield

Seven Network is in negotiations with Bangkok Broadcasting to resolve their spat over the Thai broadcaster’s proposed 7HD trade mark, which was found to be deceptively similar to Seven’s mark.

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Worley shareholders win appeals court battle to revive class action
Breaking News 2022-03-11 2:34 pm By Christine Caulfield

An appeals court has sided with shareholders in their challenge to a ruling tossing a class action against engineering services company Worley, which was found to have had reasonable grounds for issuing overly rosy earnings guidance eight years ago.

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TerraCom can’t keep PwC report from ASIC investigators
Energy & Natural Resources 2022-03-11 10:14 pm By Christine Caulfield

Mining company TerraCom has lost a case seeking to shield a report by PricewaterhouseCoopers from the Australian Securities and Investments Commission, which is investigating claims current and former executives falsified coal quality results.

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Court won’t let class action parties pay for judge to travel for Sydney trial
Class Actions 2022-03-10 3:41 pm By Christine Caulfield

The Federal Court won’t permit a Melbourne-based judge to travel to Sydney on the dime of the parties in a class action against wealth management group Colonial First State, but will foot the bill itself.

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