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ASIC proves prescient with failure of mediation on eve of IOOF trial
Financial Services 2021-02-26 9:52 pm By Christine Caulfield

ASIC’s warning about the futility of mediation with an IOOF subsidiary has proved prophetic, with talks last week failing to resolve the regulator’s case ahead of trial starting Monday.

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Judge ‘tempted’ to allow Arrium liquidator to give expert evidence at trial
Restructuring & Insolvency 2021-02-11 3:29 pm By Spencer Fowler Steen

A judge has indicated that he will allow Arrium Group’s liquidator to give expert evidence at an upcoming trial in proceedings against the steel giant’s former directors over its $4 billion collapse, despite his other role as a party in the case.

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Barrister settles lawsuit over client loss in $24.5M property spat
Trials 2021-02-04 4:36 pm By Miklos Bolza

A Victorian barrister has reached a settlement on the eve of trial in a breach of fiduciary duty lawsuit brought by a former client who lost a court case over a $24.5 million real estate dispute.

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Death causes six-month delay of trial in Merck, Pfizer vaccine patent dispute
Intellectual Property 2021-02-03 5:18 pm By Cat Fredenburgh

The Federal Court has delayed a 15-day hearing in a pneumococcal vaccine patent dispute between Merck Sharp & Dohme and Pfizer after the sudden death of a family member of one of Pfizer’s expert witnesses.

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Judge was wrong to ignore pelvic mesh doctors, J&J says in high-stakes appeal
Appeals 2021-02-01 6:53 pm By Miklos Bolza

The judge who found J&J’s pelvic mesh implants defective in a high stakes class action ruling mde a “pervasive error” in disregarding the knowledge and views of the applicants’ doctors, an appeals court has heard.Ā 

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Millionaire couple sues developer over artistic rendering of $10M dream home
Real Estate 2021-01-28 4:00 pm By Spencer Fowler Steen

The wealthy owners of a Melbourne shoe manufacturer are taking a unit of property developer JD Group to trial this week, alleging “artist impressions” of a nearly $10 million off-the-plan high rise inner city apartment were misleading and deceptive.

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Elaine Stead awarded $280,000 for AFR’s ‘targeted campaign of offensive mockery’
Defamation 2021-01-27 11:26 am By Miklos Bolza

Venture capitalist Dr Elaine Stead has been awarded $280,000 in her defamation case against the Nine-owned Australian Financial Review after the Federal Court found she suffered hurt and damage to her reputation through a “targeted campaign of offensive mockery” about her role in collapsed investment firm Blue Sky Alternative Investments.

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$100M Woolworths shareholder class action set for February hearing
Class Actions 2021-01-20 3:31 pm By Miklos Bolza

Trial is set to begin February 2 in a $100 million shareholder class action against Woolworths over a February 2015 profit downgrade that allegedly led to a drop in the company’s share price.

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Banksia funder’s son would have confided in friend had he known of dad’s deception, court told
Class Actions 2020-12-11 10:43 pm By Christine Caulfield

The son of the funder behind a class action at the centre of scandalous misconduct claims says he would have sought advice from a family friend if he had realised his father and counsel leading the case were misleading the court to inflate their profits from a $64 million settlement.

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‘I didn’t put two and two together’: Lawyer says he never caught on to misconduct in Banksia case
Class Actions 2020-12-09 10:54 pm By Christine Caulfield

Solicitor Alex Elliott has said it never clicked with him that members of the legal team running the Banksia class action were misleading an appeals court when his father — the mastermind behind the alleged deception — told him to sign cheques for lawyers that they could not cash.

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