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‘Horse has bolted’: Lawyer Alex Elliott waived right to silence in Banksia case, court hears
Class Actions 2020-10-15 7:10 pm By Christine Caulfield

Lawyer Alex Elliott can’t refuse to hand over evidence in the Banksia class action on the grounds of privilege against self incrimination or exposure to penalty because he waived privilege when he produced the documents to lawyers for his late father’s funder, a court has been told.

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Court issues mixed ruling in Merck Sharp & Dohme, Pfizer vaccine patent battle
Intellectual Property 2020-10-15 4:47 pm By Miklos Bolza

Pharmaceutical rivals Merck Sharp & Dohme and Pfizer have both suffered a blow in their efforts to patent a better pneumococcal vaccine, with a judge upholding both infringement and invalidity claims in the long-running case over the blockbuster Prevnar 13 vaccine.

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High Court won’t review $280,000 defamation award to lawyer branded ‘Centrelink cheat’
Defamation 2020-10-15 3:03 pm By Cat Fredenburgh

The High Court has declined to review $280,000 in damages awarded to a lawyer, after an appeals court found a Today Tonight segment labelling her a “Centrelink cheat” was defamatory.

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‘Solicitors love them’: Judge rails against discovery ‘tsunami’ in class actions
Class Actions 2020-10-15 11:47 am By Miklos Bolza

The judge overseeing a class action against Westpac over superannuation fees has criticised costly discovery processes that produce a “tsunami of material”, most of which is never used at trial.

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Qantas appeals court’s finding that it misapplied JobKeeper
Appeals 2020-10-15 11:27 am By Cat Fredenburgh

Qantas Airways will challenge a court’s finding that it incorrectly applied the JobKeeper scheme and underpaid its staff.

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Shock jock Alan Jones sues SBS, presenter Alex Lee for defamation
Defamation 2020-10-14 9:50 pm By Christine Caulfield

Conservative talkback host Alan Jones has filed a defamation suit against public broadcaster SBS over a “tribute” aired on ‘The Feed’ which labelled him as someone who “spoke to the fears of every xenophobe and misogynist in the country”.

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Judge says Robodebt class action claims ‘weak’, but refuses government’s appeal bid
Class Actions 2020-10-14 9:31 pm By Miklos Bolza

A judge has refused an application by the Federal Government to appeal the expansion of the Robodebt class action pleadings despite finding the case was “troubling”, “weak” and in certain aspects “[made] no sense whatsoever”.

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Clive Palmer can’t delay Twisted Sister copyright trial
Intellectual Property 2020-10-14 5:20 pm By Cat Fredenburgh

Queensland billionaire Clive Palmer has lost his bid to vacate a trial scheduled to start next week in a high-stakes lawsuit alleging he committed copyright infringement by using Twister Sister’s 1980s rock anthem ‘We’re Not Gonna Take It’ in campaign ads for his United Australia Party without a licence.

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Google execs held ‘Oh shit’ meeting after report on location data disclosures, court hears
Competition & Consumer Protection 2020-10-14 2:51 pm By Christine Caulfield

A media report about Google’s location data privacy disclosures that set off investigations by consumer regulators in Australia and the US triggered crisis talks by senior executives of the search engine giant referred to as the ‘Oh shit meeting’, a court has been told.

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Daily Mail says Erin Molan has history of ‘objectively racist’ conduct
Defamation 2020-10-14 12:31 pm By Cat Fredenburgh

The Daily Mail has fired back at a defamation lawsuit by sports broadcaster Erin Molan alleging its coverage of a remark she made during Nine’s Continuous Call radio program implied she was a racist, telling the court that Molan has a history of “objectively racist” conduct on air. 

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