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‘Tear it up’: Judge censures silk in $650M Mercedes-Benz dealer lawsuit
Trials 2022-08-08 11:31 pm By Cindy Cameronne

A court has directed a senior barrister acting in a $650 million lawsuit against Mercedes-Benz to “tear up” a letter his instructing solicitors sent concerning the judge’s ownership of a Mercedes vehicle, and said he was “surprised” the counsel signed off on it.

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Silk’s cancellation fee not recoverable after vacated trial
Business of Law 2022-08-08 4:29 pm By Sam Matthews

A judge has declined to pass on a senior barrister’s $18,000 cancellation fee as part of an adverse costs order for a vacated trial, noting that such fees are not standard or common practice.

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Mercedes-Benz can’t access chats with Labor senator in $650M dealer suit
Competition & Consumer Protection 2022-08-04 11:29 pm By Cindy Cameronne

Mercedes can’t access communications between Australia’s peak body for car dealers and a Labor senator to use in its defence of a $650 million lawsuit over its decision to move to a fixed-price agency model.

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Mercedes bullied car dealers, called them ‘baby piglets’, court told
Trials 2022-08-03 11:40 pm By Cindy Cameronne

Officials at the Mercedes-Benz Australia head office referred to car dealers as “baby piglets” in internal communications and threatened and bullied the retailers, a trial court has been told in a $650 million lawsuit over the car maker’s decision to move to a fixed-price agency model.

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Building giant BCEG wins $12M fraud case against former directors
Construction 2022-07-28 6:45 pm By Cindy Cameronne

Chinese construction and engineering firm BCEG has won a $12 million lawsuit against two former directors of an Australian subsidiary after they allegedly swindled millions from the company to fund their own developments and buy a luxury apartment.

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Funder wants $13.2M commission from confidential Opal Tower class action settlement
Construction 2022-07-20 1:06 pm By Christine Caulfield

Although the settlement sum has not been disclosed, court documents in the Opal Tower class action reveal the litigation funder backing the case will seek $13.2 million in commission when the parties appear before the court later this year.

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Funder drops ‘uneconomic’ GST class actions after High Court snubs special leave bid
Class Actions 2022-07-05 4:05 pm By Cat Fredenburgh

A judge has signed off on the discontinuance of two class actions against Canberra property developers for allegedly misleading investors about GST on their apartments, after the High Court declined to review a ruling that made the cases “uneconomic” for the funder to pursue.

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AIG loses bid for docs despite privilege waiver over barristers’ advice
Insurance 2022-07-05 6:32 pm By Cindy Cameronne

AIG can’t force investment firm Sayers to hand over communications over which it claimed legal professional privilege, with a judge rejecting the argument that Sayers could not “cherry pick” which advice it disclosed after waiving privilege over advice given by two barristers in 2017 and 2019.

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‘Where are our rights?’: ASIC wants to be heard in privilege row over PwC report
Energy & Natural Resources 2022-06-27 2:57 pm By Sam Matthews

ASIC has renewed its bid to see a PricewaterhouseCoopers report commissioned by TerraCom in order to defend the coal mining company’s appeal of a judgment that found the regulator could view the report because of public statements made by the company.

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Salter Bros scores win in suit against former Hendry Group CEO
Corporate 2022-06-17 3:32 pm By Sam Matthews

Salter Brothers has won its lawsuit against former Hendry Group CEO Emma Hendry alleging the firm was misled into investing millions of dollars into the investment firm in 2019.

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