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Appeal lodged in class action by cruise voyagers forced to take the bus
Competition & Consumer Protection 2022-06-24 10:18 pm By Sam Matthews

Cruise operator Scenic Tours is appealing a courtroom loss that could see it owing $25 million in damages in a class action by travelers who were promised a “once in a lifetime cruise along the grand waterways of Europe” but were instead forced to take the bus from city to city due to heavy rain and high water levels.

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Merricks Capital secures undertakings from defecting employees
Employment 2022-06-24 6:30 pm By Christine Caulfield

Melbourne-based hard assets investment manager Merricks Capital has won undertakings from its ex-managing director and two former employees who defected to an investment boutique run by financial commentator Peter Switzer and his son Marty. 

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Confidentiality no ‘excuse’ for Apple refusing to hand over docs in patent dispute, court told
Intellectual Property 2022-06-24 5:25 pm By Cindy Cameronne

An Australian non-practicing entity alleging Apple’s Touch ID and Face ID technology infringes its patents has accused the Silicon Valley company of refusing to comply with court orders to hand over documents.

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Law firm scolded by judge for ‘highly unsatisfactory’ social media post in Kumova trial
Trials 2022-06-23 9:53 pm By Cindy Cameronne

A judge has pulled up a law firm over a tweet it published about defamation proceedings brought by investor Tolga Kumova, telling a barrister during the trial Thursday to counsel his instructing solicitors about the “highly unsatisfactory” social media post.

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Law firm behind ANZ, Westpac flex commission cases to try again for contingency fees
Class Actions 2022-06-23 9:18 pm By Sam Matthews

The law firm that lost the first ever application for a group costs order in class actions against ANZ and Westpac has indicated it will revive its bid, tweaking a retainer agreement with group members in hopes of winning the court’s approval this time.

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Investor Tolga Kumova admits to $4.8B valuation error in defamation row
Defamation 2022-06-23 1:44 pm By Cindy Cameronne

Former Young Rich Lister Tolga Kumova has admitted to publishing an inaccurate tweet about the value of a mineral resource owned by a zinc producer of which he was a director, agreeing at trial in his defamation case that he was off by $4.8 billion.

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Samsung hit with $14M penalty for misleading Galaxy waterproof claims
Competition & Consumer Protection 2022-06-23 1:53 pm By Cat Fredenburgh

Samsung Australia has been slapped with a $14 million penalty for running ads that misrepresented that its Galaxy smartphones could be used in pool and sea water.

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Mills Oakley brings on HWL Ebsworth partner to launch cyber risk and insurance practice
Business of Law 2022-06-23 1:36 pm By Christine Caulfield

Law firm Mills Oakley is launching a cyber risk and insurance offering spearheaded by former HWL Ebsworth partner Jason Symons.

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Judge wants to wait on commission, costs in $20M BSA class action settlement
Class Actions 2022-06-22 12:46 pm By Cat Fredenburgh

A judge who will oversee an upcoming hearing for approval of a $20 million settlement in a class action against Optus contractor BSA has urged the parties to sever the funder’s commission and costs from the settlement to avoid delays in distribution to group members.

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Hutchinson’s ‘monstrous’ claim survives in case over $153M Port Melbourne development
Real Estate 2022-06-22 10:00 pm By Cindy Cameronne

Construction giant Hutchinson has succeeded in bringing claims against a related entity of a Port Melbourne property developer over a $153 million project after alleging the developer was a “company of straw” that had no assets.

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