Litigating in the age of coronavirus: The Dick Smith trial goes virtual

Posted on 2020-03-202020-04-17 by Cat Fredenburgh

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Six law firms are working on a consolidated trial of multiple class actions over the collapse of retailer Dick Smith, but when the trial opened in the NSW Supreme Court this week, a lone barrister appeared in court before Justice Michael Ball, amid a sea of empty bar tables. Most of the hearing’s participants joined through a virtual courtroom while members of the public were invited to watch the trial unfold on a YouTube live stream. Welcome to litigating in the age of the coronavirus.

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On the line: Federal Court keeps wheels of justice turning by telephone

Posted on 2020-03-202020-04-17 by Christine Caulfield

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The Federal Court has updated guidance on its response to the coronavirus outbreak, saying it is working with lawyers to ensure as many hearings listed for the coming months can proceed. And Monday’s calendar, while perhaps lighter than usual, shows multiple matters will be heard as planned — by telephone.

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‘Free the flag’: Copyright dispute over Aboriginal flag looms

Posted on 2020-03-192020-03-20 by Cat Fredenburgh

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A company that holds the copyright for the Aboriginal flag may file a lawsuit against a website that sells flags featuring the design with the words ‘Free the flag’ in the middle.

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Appeals court rejects Fairfax challenge to defamation ruling for Chau Chak Wing

Posted on 2020-03-192020-03-19 by Christine Caulfield

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Fairfax Media has failed in its appeal of a judgment that found the publisher defamed Chinese-Australian businessman Dr Chau Chak Wing in a Sydney Morning Herald article that linked him to an international bribery scandal.

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AFT loses challenge to ruling over ‘misleading’ Maxigesic ads

Posted on 2020-03-192020-03-19 by Cat Fredenburgh

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AFT Pharmaceuticals has lost its challenge to a ruling that ads claiming its painkiller Maxigesic is more effective than Nuremol were misleading and deceptive, with the Full Federal Court saying the primary judge did not err in finding the ads lacked an adequate scientific basis.

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Clive Palmer loses second bid to quash criminal charges over resort villa takeover

Posted on 2020-03-192020-03-19 by Christine Caulfield

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Billionaire Clive Palmer has lost his appeals court fight to shut down criminal proceedings alleging his resort company breached takeover laws, with three judges saying his claims were untenable.

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Lawyers rise to challenge of court shutdowns, but backlog will have long-term ripple effect

Posted on 2020-03-192020-04-17 by Christine Caulfield

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The move by Australia’s highest courts to vacate in-person hearings in the face of the coronavirus pandemic is likely to have only a minor impact on cases in the short term, lawyers say, but the delays to trials and other major hearings will have a flow-on effect that could be felt for years to come.

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HWL Ebsworth must pay indemnity costs in ex-partner spat after ‘unreasonable’ rejection of compromise

Posted on 2020-03-192023-10-13 by Christine Caulfield

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HWL Ebsworth is on the hook for the legal costs of an unfair dismissal case won by ex-partner Tim Griffiths, and the law firm must pay almost two years of legal bills on an indemnity basis after it twice refused an offer of settlement.

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MinterEllison employee tests positive to coronavirus

Posted on 2020-03-182020-04-17 by Christine Caulfield

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A MinterEllison employee has tested positive to the new coronavirus and is now in self isolation, as are all the colleagues they were recently in contact with.

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BHP can’t pause shareholder class action over Brazil dam failure

Posted on 2020-03-182020-03-18 by Christine Caulfield

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BHP has failed in a bid to shut down a class action over the Fundao dam failure pending criminal proceedings in Brazil, with a judge ruling the mining giant would not be prejudiced if the case proceeded for now.

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