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Court’s backlog not reason enough to transfer Fair Work case, judge finds
Employment 2023-04-11 10:31 pm By Cat Fredenburgh

A judge has rejected a Federal Circuit and Family Court judge’s decision to transfer a PhD student’s Fair Work lawsuit against the University of Western Australia to the Federal Court because his court does not have the proper resources to consider it. 

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Decision looming on Lehrmann defamation cases against News Corp, Ten
Defamation 2023-04-11 11:32 pm By Christine Caulfield

Accused rapist Bruce Lehrmann will learn this week whether his defamation cases against News Corp and Network Ten can proceed despite the expiration of a 12-month limitations period.

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‘Unjustifiable threats’: TCT Group wins patent revocation, indemnity costs against Polaris
Intellectual Property 2023-04-11 11:54 am By Sam Matthews

TCT Group has won orders revoking two patents for hinges held by Polaris IP as well as indemnity costs, with a judge finding the patentee made “unjustifiable” threats of infringement against TCT over its own brand of soft-close glass hinges.

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App store class action funder can’t see evidence in Epic’s case against Apple
Competition & Consumer Protection 2023-04-06 1:25 pm By Cindy Cameronne

The litigation funder bankrolling two competition class actions against Apple and Google has lost its bid to see evidence filed in a similar case by developer Epic Games, after concerns were raised about its potential use in overseas proceedings against Apple.

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Law firm gets interim $22.6M from J&J settlement, promises to return any excess
Class Actions 2023-04-06 3:15 pm By Christine Caulfield

Shine Lawyers can deduct 50 per cent of its fees and all of its costs from a $300 million settlement in pelvic mesh class actions against Johnson & Johnson while a judge mulls whether the law firm’s total bill is fair and reasonable.

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Judge ‘horrified’ at ATO involvement in distributing superannuation class action settlements
Class Actions 2023-04-05 12:52 pm By Cindy Cameronne

A judge overseeing a superannuation class action against two Westpac units that settled for $30 million has expressed concerns about the ATO’s potential involvement in distributing settlement funds, saying the department was unlikely to efficiently reunite group members with their money. 

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‘Diligent’ silk not negligent in advice on lawsuit, judge says
Professional Negligence 2023-04-05 12:53 pm By Sam Matthews

A solicitor and a Sydney silk have been cleared of allegations they gave negligent advice in an action against a law firm, with a judge finding the barrister was “diligent, thorough, careful and ethical”.

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Moccona’s instant coffee jar trade mark should be cancelled, Vittoria says
Intellectual Property 2023-04-05 12:25 pm By Sam Matthews

Moccona’s instant coffee jar shape trade mark should be cancelled because the mark is functional and can’t distinguish the company’s goods, the owner of coffee brand Vittoria argues in a trade mark infringement cross-claim.

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ASIC wins case against Linchpin Capital directors over $17M in client funds
Financial Services 2023-04-04 3:51 pm By Cindy Cameronne

The Australian Securities and Investments Commission has won its case against four Linchpin Capital directors after a judge found they duped their clients into lining the directors’ pockets and benefitting the parent company.

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Court OKs walk-away settlement with former RCR Tomlinson directors
Class Actions 2023-04-05 11:40 pm By Cat Fredenburgh

A judge has approved a walk-away settlement with two former directors of RCR Tomlinson in a shareholder class action against the failed engineering company.

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