‘We’re not King & Wood Mallesons’ excuse doesn’t wash in bid to revive $400M suit

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A judge has rebuffed a developer’s bid to revive a $400 million lawsuit against an investor after it failed to comply with a guillotine order, saying it was not an adequate explanation that the firm of solicitors acting for it lacked the resources of the defendant’s Big Six outfit. 

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Scrapped Chorley exception should not be revived based on law firm size, Full Court says

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An incorporated legal practice has lost its bid to recover costs for work done by its own solicitors while self-represented in a dispute with a former client, with the Full Federal Court finding that making an exception based on firm size would “revive an inequality before the law”.

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Aristocrat says class action applicant should have deleted gambling app

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Aristocrat Leisure has hit back at a class action over its allegedly illegal ‘social casino’ apps, saying that playing is optional and that the lead applicant should have deleted the games.

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Judge questions law firm’s 40% contingency fee in Ansell class action

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A judge has questioned the law firm running a class action against medical glove maker Ansell on its application for a contingency fee rate of 40 per cent, which would equal the highest rate granted since Victoria allowed firms to earn a percentage profit of a group proceeding.

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Monash IVF fights plaintiff’s ‘new case’ in embryo class action

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Monash IVF is fighting a class action’s bid to file a fourth statement of claim in the three year-old case over the alleged destruction of potentially viable embryos, saying the proposed pleadings sparked by an expert report constituted a new case. 

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CSR faces potential competition case over insulation price hikes

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Major building insulation supplier CSR Bradford has been hit with a lawsuit by a leading home energy company seeking information on price increases as part of a potential lawsuit alleging misuse of market power.

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Court rips up law firm’s ‘positively misleading’ costs agreement

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A judge has set aside a costs agreement between a Perth-based law firm and its client in a family law matter that culminated in a $87,000 bill, saying the agreement was “positively misleading” with respect to the applicable hourly rates.

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Promise did not seal contract, judge says in tossing Cirrus case over NZ Defence Force training

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A judge has tossed a contract claim brought against aircraft maintenance company Hawker Pacific by scorned subcontractor Cirrus RTPS, finding that a purported agreement surrounding a joint bid for services offered by the New Zealand Defence Force was not intended to be binding.

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