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‘That rare bird, the smoking gun’: Judge orders Minetek employee’s laptop searched for confidential info
Intellectual Property 2020-10-06 2:07 pm By Christine Caulfield

Engineering company Howden Australia can view the laptop and other electronic devices of an employee accused of stealing confidential information, after a judge found there was evidence suggesting the worker had not been “entirely truthful” with the court.

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Queensland flood dam operator wants info behind Maurice Blackburn’s damages claim
Class Actions 2020-10-06 12:31 pm By Miklos Bolza

Dam operator Sunwater wants evidence from Maurice Blackburn, the law firm behind the landmark Queensland flood class action, showing how the applicant will calculate aggregate damages for around 6,800 group members.

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IAG reaches $138M settlement in add-on insurance class action on eve of trial
Class Actions 2020-10-06 10:21 am By Christine Caulfield

Insurance Australia Group will fork over $138 million to settle a class action brought against two subsidiaries alleging they engaged in misleading and deceptive conduct by pushing worthless insurance on motor vehicle purchasers.

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McMillan Shakespeare settles class action over ‘illusory’ car warranties
Class Actions 2020-10-05 10:46 pm By Cat Fredenburgh

McMillan Shakespeare has settled a class action alleging one of its units engaged in unfair tactics and unconscionable conduct in the sale of car warranties that offered “no benefit or value” to consumers.

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Law firm may get another chance to pursue claims against ex-director over breakaway firm
Business of Law 2020-10-05 7:21 pm By Cat Fredenburgh

An appeals court has declined to dismiss an international law firm’s appeal of a ruling staying its case against a former director who formed a breakaway law firm with a former Freehills partner and Westpac in-house counsel and lured away lucrative oil and gas clients. 

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A tale of two class actions: Helmed by same legal team, Murray Goulburn, Banksia cases chart different paths
Feature 2020-10-05 5:14 pm By Christine Caulfield

The Murray Goulburn class action run by Elliott Legal bears similarities to the Banksia class action, a case rife with scandal and offered up by opponents as proof of the problems with the class action regime. The leading lawyers were the same in both cases. In one they have abandoned any claim to their fees and have walked away from their careers. In the other they walked away with $5 million.

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Air France loses bid to limit injunction in ‘Love Is In The Air’ copyright case
Intellectual Property 2020-10-05 4:36 pm By Cat Fredenburgh

A judge has issued a broader injunction barring Air France from using the song ‘Love Is In The Air’ than the one proposed by the airline, after finding an Oregon electronic duo’s song which was licenced to Air France copied the 1977 disco hit.

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Former TechnologyOne exec awarded $5.2M for unfair dismissal
Employment 2020-10-05 2:32 pm By Cat Fredenburgh

Australian software company TechnologyOne has been ordered to pay one of its former high-earning executives $5.2 million after a court found he was unfairly terminated for making complaints about workplace bullying.

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Merck Sharp & Dohme settles trade mark spat with German drug company
Intellectual Property 2020-10-05 12:45 pm By Cat Fredenburgh

US drug company Merck Sharp & Dohme has settled trade mark litigation brought by German drug maker Merck KGaA alleging it violated a 1970 agreement by using the “Merck” mark in Australia.

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Macquarie Bank on the hook for paying advisers leave entitlements
Employment 2020-10-02 10:40 pm By Christine Caulfield

Former Macquarie Bank financial advisers who claimed their commission pay structure left them shortchanged have won their case for back pay for annual and personal leave, in the first decision in a group of cases against the wealth manager.

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