Banksia class action judge shoots down barrister’s proportionate liability notice

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The judge overseeing a trial over alleged misconduct by lawyers behind the Banksia class action has blasted a bid by disgraced senior counsel Norman O’Bryan to file a notice of proportionate liability ahead of his turn in the witness stand, saying the notice flew in the face of the barrister’s decision to concede defeat in the case.

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CFMEU liable for officers’ refusal to produce permits, Full Court holds

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The Full Federal Court has upheld a ruling that the CFMEU was “knowingly concerned” in the refusal of union officers to produce entry permits at a Queensland building site, with the appeals court saying it was”difficult” to understand how the union was not an accessory to the contraventions of its employees.

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Clive Palmer’s companies slammed for misleading court in $30B dispute with WA

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Two companies owned by billionaire Clive Palmer have suffered a legal setback, with a judge setting aside prior orders enforcing two awards in a $30 billion mining dispute with the Western Australian government and criticising the companies for misleading the court.

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Former solicitor general to act as contradictor in GetSwift recusal appeal

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Former solicitor general Justin Gleeson SC has been appointed contradictor in GetSwift’s battle to have the judge overseeing a shareholder class action disqualify himself from the proceedings after overseeing the trial in ASIC’s case against the logistics provider.

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Advanta patent lapses after renewal correspondence sent to departed employees

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Advanta Seeds has been denied more time to pay renewal fees for its patent for a hybrid plant cell after correspondence from its lawyers about the renewal was sent to employees that had left the company and the patent renewal fell through the cracks during a 2016 systems upgrade.

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Insurer not on the hook for Opal Tower concrete manufacturer’s legal bills

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The prefab concrete specialist behind Sydney’s Opal Tower has lost a courtroom bid to have its insurer pay costs in advance incurred in defending cross-claims in two lawsuits over the ill-fated tower.

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CIMIC looks to strike out class action over $1.8B writedown

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Engineering services company CIMIC is looking to strike out a shareholder class action alleging it failed to keep the market informed about issues with its Middle East operations.

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ACCC says Kogan should pay $2M for misleading promotion

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The Australian Competition and Consumer Commission is seeking $2 million in penalties against Kogan, after a judge found statements the online retailer made during a 2018 promotion were misleading and drew consumers into the company’s “marketing web”.

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Former prosecutor in Victoria OPP’s sex offences unit loses appeal in PTSD case

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An appeals court has overturned a $435,000 win for solicitor Zagi Kozarov, a former prosecutor in the Victorian Office of Public Prosecutions specialist sexual offences unit, in her case blaming her working conditions for her severe post-traumatic stress disorder and depression.

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