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‘Rambling and non-responsive’: Law firm dodges $6.5M negligence claim
Business of Law 2020-01-13 1:23 pm By Miklos Bolza

A law firm has dodged a $6.5 million negligence claim by a Tasmanian agricultural business over advice supplied about agreements entered into with a division of collapsed forestry giant Gunns Limited, with a judge slamming the company director’s evidence as “rambling and non-responsive”.

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Judge says no need to clarify referees’ role in PFAS class actions
Class Actions 2020-01-10 5:05 pm By Cat Fredenburgh

The judge overseeing three class actions against the Commonwealth alleging contamination from the use of toxic firefighting foam at three naval bases has shot down the plaintiffs’ bid for a formal communication reminding two referees of their role in the proceedings.

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High Court’s Chorley ruling dooms Tucker & Cowen partner’s costs bid
Business of Law 2020-01-10 11:30 am By Miklos Bolza

A court has slashed the costs awarded to a Tucker & Cowen name partner in a lawsuit brought by the liquidators of failed fund manager Equititrust, citing a recent High Court ruling that found self-represented lawyers cannot recover their own expenses.

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Top 10 class action settlements of 2019
Class Actions 2020-01-09 11:21 pm By Christine Caulfield

Companies and other defendants forked over big sums last year to settle more than 20 class actions, with a total of at least $734 million being paid out. Here are the top 10 class action settlements and the law firms and funders that negotiated them. 

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Full Court says Oxworks wrongly awarded extra damages in patent suit
Intellectual Property 2020-01-09 5:14 pm By Miklos Bolza

The Full Federal Court has provided clarity around additional damages in patent cases by reducing the penalties liable to be paid by an Australian fencing and gate manufacturer found to have infringed a rival’s patent for a fence base.

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Bankruptcy trustee can rip up agreement giving litigation funder 85%
Restructuring & Insolvency 2020-01-09 2:42 pm By Miklos Bolza

A court has allowed a bankruptcy trustee to drop an “extremely disadvantageous” litigation funding agreement, which provided the funder with an 85 per cent commission, previously signed to pursue a Perth-based engineering and construction company.

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Judge OKs $29M settlement in Radio Rentals class action
Class Actions 2020-01-09 1:12 pm By Christine Caulfield

A judge has given his seal of approval to a $29 million settlement that resolves a class action over Radio Rentals’ Rent, Try, $1 Buy scheme alleging customers were kept in the dark about the true cost of their rentals.

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High Court to weigh in on patent exhaustion in Seiko ink cartridge spat
Intellectual Property 2020-01-08 5:08 pm By Christine Caulfield

The High Court has granted special leave to cartridge reseller Calidad after the company lost an intellectual property dispute with printer giant Seiko Epson and was hit with a general injunction barring it from further patent infringement.

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Canberra property developers suffer partial loss in GST class actions
Class Actions 2020-01-08 4:59 pm By Miklos Bolza

The property developers behind two Canberra apartment complexes have been dealt a partial loss in two class actions against them, with a judge finding the developers misled the lead applicants about the GST payable on their units but that only some of them were entitled to compensation or restitution.

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Leyonhjelm hires new lawyer as he appeals $120,000 defamation award to Sarah Hanson-Young
Defamation 2020-01-08 2:55 pm By Christine Caulfield

Former senator David Leyonhjelm is appealing a ruling that socked him with a $120,000 damages bill in a defamation case brought by Greens Senator Sarah Hanson-Young, and has hired a new solicitor to bring the challenge.

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