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Banksia silk Norman O’Bryan signals possible appeal after failure to reopen defence
Legal Ethics 2021-03-18 10:29 pm By Christine Caulfield

Once high-flying barrister Norman O’Bryan might seek to challenge a refusal by the judge overseeing the Banksia class action to revisit his abandoned defence and accept into evidence a document he claims proved he did not secretly hold shares in the funder behind the case.

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Treasury Wine can seek security before contingency fee request decided
Class Actions 2021-03-18 9:14 pm By Cindy Cameronne

A judge has allowed Treasury Wine Estates to apply for security for costs before a group costs order application is decided, in a class action accusing the wine maker of breaching its continuous disclosure obligations.

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Lawsuit targets cruelty-free cosmetics company spruiked by Celeste Barber
Competition & Consumer Protection 2021-03-18 8:34 pm By Cat Fredenburgh

A vegan, cruelty-free makeup company whose products are promoted by comedian Celeste Barber has been taken to court by a US company for allegedly selling a cheaper copycat version of its $42 concealer.

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Former solicitor-general to defend ABC in Christian Porter’s defamation case
Defamation 2021-03-18 3:15 pm By Christine Caulfield

Former Solicitor-General Justin Gleeson SC, who recently called for an inquiry into Attorney-General Christian Porter’s fitness for office in the face of rape allegations, will represent the ABC against Porter’s defamation claims.

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Wolf of Wall Street wannabe cops 10-year ban for ‘serious’ disregard for compliance
Financial Services 2021-03-18 2:42 pm By Miklos Bolza

The director of now defunct foreign exchange and derivative trader Forex Capital Trading has been banned from providing financial services for 10 years after ASIC found he had a serious lack of regard for compliance while overseeing the firm’s Wolf of Wall Street-esque trading floor culture.

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‘That is not how this court works’: Judge tosses Zarah Garde-Wilson’s case against Google
Defamation 2021-03-18 12:23 pm By Miklos Bolza

A judge has dismissed a case run by gangland lawyer Zarah Garde-Wilson seeking details from Google about the identity of an online reviewer after criticising her instructing solicitor’s “incoherent arguments” and late filed submissions.

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‘A disappointing result’: Judge approves $25M settlement in Dick Smith class actions
Class Actions 2021-03-17 11:52 pm By Cat Fredenburgh

A judge has approved a “disappointing” $25 million settlement in long-running class action litigation over the collapse of electronics retailer Dick Smith with claims worth hundreds of millions of dollars.

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Funder of scandal-ridden Banksia class action expresses ‘remorse and regret’
Legal Ethics 2021-03-17 10:44 pm By Christine Caulfield

The litigation funding company controlled by the late solicitor Mark Elliott has told a court of its “remorse and regret” for its misconduct in the Banksia Securities class action, a case that has been described as the “darkest chapter in Victoria’s legal history”.

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‘Disturbing number of similarities’: Judge slaps interim injunction on ‘RestQ’ trade mark use
Intellectual Property 2021-03-17 8:33 pm By Cindy Cameronne

A judge has issued an injunction temporarily barring use of the RestQ trade mark on sleep products sold by Martin & Pleasance because of a “disturbing” number of similarities with the marketing and appearance of an established competitor’s Rescue natural sleep aid product.

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Victoria adopts remote court hearings and other ‘sensible’ changes ushered in by COVID-19
COVID-19 2021-03-17 6:18 pm By Miklos Bolza

The Victorian government has passed legislation allowing the state’s courts to permanently retain digital hearings, electronic signing and remote witnessing, which were implemented last year as a result of the COVID-19 pandemic.

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