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Anglicare denies duty of care to family members in COVID-19 outbreak class action
Class Actions 2024-01-17 2:51 pm By Sam Matthews

Aged care provider Anglicare has hit back at a class action filed on behalf of 25 people whose loved ones died during a COVID-19 outbreak at the Newmarch House in Sydney, saying it owed no duty of care to prevent mental harm to its residents’ family members.

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Ventia can’t recoup $5.6M from Western Power in bushfire class action
Class Actions 2024-01-16 4:17 pm By Cindy Cameronne

Subcontractor Ventia Utility Services had lost its bid to recover $5.6 million in alleged overpayments to class action group members from co-defendant Western Power, after its liability was reduced on appeal in a representative proceeding over the 2014 Perth Hills bushfire.

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‘You’re being very dramatic’: Judge hears of vaccine developer’s ‘life and death’ fight with uni
Employment 2024-01-16 11:06 pm By Sam Matthews

A court fight has broken out between a vaccine developer and South Australia’s Flinders University over the supply of mice and access to a lab at the college, with the professor’s lawyer declaring the battle “literally a matter of life and death”.

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Bed Bath N’ Table scores partial win in IP suit against rival
Intellectual Property 2024-01-16 4:59 pm By Cindy Cameronne

A judge has handed a partial win to homewares brand Bed Bath N’ Table, finding rival House misled consumers by opening a sub-brand called House Bed & Bath but rejecting the retailer’s trade mark infringement claims.

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HFW nabs litigation funding ace from Clyde & Co
Business of Law 2024-01-16 3:11 pm By Christine Caulfield

International law firm HFW has lured a team of eight lawyers from Clyde & Co, led by a partner known for his litigation funding practice.

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Reading the tea leaves from 2023’s class action beauty parades
Analysis 2024-01-15 11:19 pm By Sam Matthews

The country’s most experienced class action law firm won two and lost two in last year’s beauty parades before the courts, showing track record is not everything when it comes to winning carriage of cases and that picking the winner can be a tricky business. From line-ball decisions to law firm team-ups and the lowest contingency fee order yet, here’s how 2023’s class action contests went down.

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High Court asked to rule on self-repped firms’ costs for employed solicitors
Business of Law 2024-01-15 10:35 pm By Cindy Cameronne

A former Atanaskovic Hartnell client is seeking special leave to challenge a judgment from the NSW Court of Appeal that found self-represented law firms can recover costs for work done by their own solicitors, urging the High Court to intervene to clarify a judgment eliminating the so-called Chorley exception.

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Tiwi Islander loses challenge to Santos’ $5.6B Barossa pipeline
Energy & Natural Resources 2024-01-15 1:30 pm By Cindy Cameronne

Energy company Santos has defeated a challenge by a Tiwi Islander traditional custodian to the construction of a pipeline for its $5.6 billion Barossa gas project, with a judge rejecting expert evidence about risks to cultural heritage.

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BeforePay defeats Bendigo and Adelaide Bank’s ‘B’ trade mark challenge
Intellectual Property 2024-01-15 3:50 pm By Cindy Cameronne

Bendigo and Adelaide Bank has lost its opposition to the registration of three trade marks by pay on demand company BeforePay, with a delegate finding that consumers of banking and financial services were unlikely to be confused by the marks and acted with high “care and attention”. 

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RMIT Village developer loses appeal in case clarifying Victoria’s domestic building law
Construction 2024-01-15 2:26 pm By Cindy Cameronne

Developer Centurion Australia Investments has lost an appeal in a dispute with builder APM Group in which it argued that its RMIT Village student accommodation falls under laws applying to domestic buildings. 

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