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New evidentiary tool on cards as 7-Eleven class action judge hears first ever oral discovery bid
Class Actions 2021-02-19 4:07 pm By Miklos Bolza

A Federal Court judge overseeing two franchisee class actions against 7-Eleven has heard a landmark application for pre-trial oral discovery that could create another tool for lawyers to source evidence otherwise blocked by confidentiality agreements.

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In law firm trade mark battle, reputation in Melbourne merger work is key, court told
Intellectual Property 2021-02-19 2:37 pm By Spencer Fowler Steen

Two law firms locked in a courtroom battle over their ‘C’ trade marks made up of concentric circles will move to mediation after one of the firms files “significantly more” evidence about their reputation in Melbourne, a court has heard.

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HWL Ebsworth settles with partner who didn’t support IPO
Employment 2021-02-18 8:51 pm By Cat Fredenburgh

HWL Ebsworth has settled with a former partner who filed a lawsuit claiming the firm and managing partner Juan Martinez failed to pay her money she was owed because she did not support the law firm’s aborted plan to go public.

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‘I’m not having vague excuses about COVID in the UK’: Judge slams ex-Linchpin director
Financial Services 2021-02-18 6:54 pm By Spencer Fowler Steen

A judge will not let proceedings brought by ASIC against four former Linchpin Capital directors drag on, slamming a “vague” excuse from one of the directors, who awaits word from his insurers on whether his defence costs will be covered, that London is still in a state of “total confusion” due to COVID-19.

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Herald Sun exec’s honest opinion defence survives in case by ex-Labor MP Melissa Parke
Defamation 2021-02-18 6:13 pm By Spencer Fowler Steen

Former Labor MP Melissa Parke has failed in her bid to strike down the honest opinion defence of Herald Sun executive Dr Colin Rubenstein in her lawsuit alleging the director defamed her in an email and article relating to her 2019 pre-selection speech.

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Amazon computer patent ‘nothing more than a scheme’, IP Australia says
Intellectual Property 2021-02-18 5:10 pm By Miklos Bolza

IP Australia has rejected e-commerce giant Amazon’s patent application for a method of allocating resources in virtual computers, finding the patent’s claims were “nothing more than a scheme for scheduling work” and were not a manner of manufacture.

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44-count indictment filed in ANZ criminal cartel case
Competition & Consumer Protection 2021-02-18 2:57 pm By Spencer Fowler Steen

Forty-four charges have been outlined in a long-awaited indictment in a criminal cartel case over a $2.5 billion ANZ share placement, including 29 charges against top executives from ANZ, Deutsche Bank and Citigroup.

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Court shoots down Prime Trust liquidators’ bid for global proof of debt to compensate unitholders
Restructuring & Insolvency 2021-02-18 2:21 pm By Miklos Bolza

The liquidators of retirement village group Australian Property Custodian Holdings, which went into administration in 2010 owing $948 million, have had their proposal to compensate unitholders under a global proof of debt rejected by a judge, who called the plan vague and “unsatisfactory”.

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Class actions can’t pursue insurance brokers to boost Quintis settlement, court hears
Class Actions 2021-02-18 1:45 pm By Miklos Bolza

Two insurance brokers have dodged being dragged into class action proceedings against sandalwood producer Quintis to boost a settlement reached last year, as a fight over insurance owed to the company to cover the settlement continues.

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Count Financial can’t join insurer to $15.3M lawsuit against ex-financial advisor
Insurance 2021-02-18 11:41 am By Spencer Fowler Steen

Count Financial has failed in its bid to put a former financial advisor’s insurers on the hook for a $15.3 million lawsuit brought by his former clients, as the accounting services company seeks to claw back its losses allegedly resulting from the advisor’s breaches of his duty of care and skill.

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