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Banks targeted in long-running class actions over flexible commission schemes for car dealers are resisting the plaintiffs’ bid to amend their pleadings to “get around” the defence that certain claims are time-barred.
High Court asked to clarify importance of disclosure in patent applications
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The High Court has been asked to weigh in on whether the Federal Court’s prevailing approach to the disclosure requirements of the Patents Act “imposes too great a burden” on patent applicants.
Sydney Trains underpayments suit mulls class closure as High Court takes up issue
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An underpayments class action against Sydney Trains has flagged an application to exclude unregistered group members from any settlement, as the High Court steps in to resolve an appellate court split on the power to make class closure orders.
AG can gatekeep insurance providers for NSW lawyers, appeals court finds
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The NSW appeals court has clarified the operation of the Uniform Law in the state, finding that insurers offering professional indemnity insurance to legal practitioners must be approved by the state’s Attorney General.
‘Poor in the extreme’: Fishing class action slams NSW’s defence
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A class action accusing the New South Wales government of unfair persecution of south coast Indigenous groups for engaging in cultural fishing practices has slammed the state’s defence as “poor in the extreme”.
K&L Gates snags real estate partner from HWL Ebsworth
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A seasoned planning and environment player will be the ninth new partner to join the K&L Gates ranks this year, bringing with him a team of two .
Fortescue denies IP head told Element Zero founder to delete documents
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Fortescue has rejected Element Zero’s “implausible” claims that the start-up’s founder was instructed by the mining giant’s IP manager to access and delete certain documents after his resignation, as it defends allegations that search orders it won over the alleged misappropriation of its confidential information were based on weak evidence.
Insurers win another fight over COVID-19 business interruption claims
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Several insurers have won a dispute with two Melbourne businesses about whether an industrial special risks policy can cover losses suffered during COVID-19 lockdowns, with a judge finding the policy did not respond just because there were recorded cases in Melbourne.
New judge Richard McHugh happy to get out of way of ‘hungry new silks’
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The NSW legal community has welcomed to the bench the newest Supreme Court judge, Richard McHugh, who reflected on his good fortune in a ceremony on Tuesday and vowed to try, at least, not to get grumpy.
‘Discourteous, gratuitous, and offensive’: VCAT finds Melbourne lawyer unfit to practice
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A retired Melbourne lawyer has been found unfit to practice after a review of his conduct demonstrated “discourteous, gratuitous, and offensive” conduct towards legal officials during proceedings related to his attempts to benefit from an elderly client’s estate.