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Judge scolds parties for delaying funder’s landmark appeal by three months
Appeals 2020-03-05 1:34 pm By Alison Eveleigh

Litigation funder Augusta Ventures has had its appeal of a groundbreaking ruling that put it on the hook for security for costs in a Fair Work class action pushed back by three months after a delayed case management hearing, with a Federal Court judge telling the parties they were to blame.

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IMF Bentham CEO says funders must evolve with ever-changing class action regime
Business of Law 2020-03-05 1:11 pm By Christine Caulfield

As Victoria looks set to pass legislation allowing law firms to cut litigation funders out of class action work, and the High Court increases the risks of financing group proceedings, funders operating in Australia have been forced to think on their feet to adapt to the ever-changing regime. Australia’s largest litigation funder IMF Bentham is no exception, CEO Andrew Saker told Lawyerly.

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City of Melbourne fights damages in parking patent case
Intellectual Property 2020-03-05 12:28 pm By Miklos Bolza

The City of Melbourne has rejected a claim for damages for allegedly infringing a patented parking detection system created by tech firm Vehicle Monitoring Systems, saying it was not aware of the existence of two patents underlying the invention.

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‘Disappointed’ ACCC won’t challenge ruling on $15B Vodafone, TPG merger
Competition & Consumer Protection 2020-03-05 9:37 am By Cat Fredenburgh

The Australian Competition and Consumer Commission says it has no grounds to challenge a ruling that found the $15 billion merger of Vodafone with telecommunications rival TPG would not substantially lessen competition.

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Banned financial advisor pleads guilty to fudging IPO shareholder spreads
Securities 2020-03-04 10:02 pm By Christine Caulfield

A former financial advisor has pleaded guilty to charges that he falsified share applications to satisfy minimum spread requirements for four companies wanting to float on the Australian Stock Exchange, in the first criminal case of its kind.

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Vagisil maker files appeal to halt European rival’s trade mark
Appeals 2020-03-04 9:24 pm By Cat Fredenburgh

The maker of Vagisil feminine hygiene products has appealed a ruling that denied its bid to stop a European competitor from registering Vagisan as a trade mark in Australia.

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‘Manifestly excessive’ $238,000 defamation payout to childcare worker tossed on appeal
Defamation 2020-03-04 5:30 pm By Alison Eveleigh

A Sydney-based childcare centre that sent an allegedly defamatory email to 35 people has won its appeal of a $238,000 damages award, with an appeals court calling the figure “manifestly excessive” and questioning the “fundamental approach to damages” in defamation cases in NSW.

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Former Bechtel exec wins appeal, can claim $11.8M share loss as tax deduction
Tax 2020-03-04 5:15 pm By Miklos Bolza

A former executive of engineering giant Bechtel will be allowed to deduct over $11.8 million in share losses from his taxable income after successfully challenging a ruling to the Full Federal Court, in a decision that clarifies taxation law for income and capital regarding asset trades.

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Judge says cost agreement void, but approves $2M payday for Maddens in bushfire class action
Class Actions 2020-03-03 11:39 pm By Cat Fredenburgh

A judge has signed off on a $2 million payout for Maddens Lawyers in a class action against electricity provider Powercor over a 2018 St Patrick’s Day bushfire in Victoria that settled last year for $17.5 million, despite finding that the law firm’s cost agreement with group members was void.

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Solicitors ordered to look for missing phone of deceased class action lawyer
Class Actions 2020-03-03 10:47 pm By Christine Caulfield

A judge has directed solicitors for deceased lawyer and funder Mark Elliott to search for his missing mobile phone, which is wanted for potential evidence by a court-appointed contradictor investigating alleged professional misconduct on the part of the legal team behind a settled class action against failed Banksia Securities.

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