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Investigator wants evidence in Ben Roberts-Smith case, as Fairfax seeks costs from Seven, Stokes
Arthur Moses 2023-06-29 2:16 pm By Cindy Cameronne

The office of the special investigator wants access to evidence in Ben Roberts-Smith’s failed defamation case, a court has heard, while Fairfax says it needs to see invoices from Herbert Smith Freehills to the soldier’s financial backer, Seven chairman Kerry Stokes, in its bid for costs.

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Clive Palmer’s Mineralogy suffers loss in $4B spat with CITIC
Allens 2023-06-28 11:25 pm By Cindy Cameronne

Mining magnate Clive Palmer and his company Mineralogy have lost a bid to amend one of two cases that claim losses totalling $4 billion against CITIC after a judge found the amended claims would be “unfairly general”.

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Out with ‘including’ and ‘such as’: Judge rips into pleading in Corelogic data scraping case
Bianca Kabel 2023-06-28 9:14 pm By Cindy Cameronne

A judge has rejected an amended copyright case against US-based analytics company CoreLogic, expressing his displeasure at the use of imprecise phrases like ‘including’ and “such as’ in the revised pleading.

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Recession fears loom large for small and mid-size law firms: report
Business of Law 2023-06-28 3:32 pm By Cindy Cameronne

The risk of a recession-fueled slowdown is the biggest worry for small and mid-size law firms this year, according to a new report, as more than 35 per cent of firms expect revenues to remain flat or decline.

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Lawyer shielded by advocate’s immunity for omission of claim against builder: appeals court
Acting Justice Carolyn Simpson 2023-06-28 2:42 pm By Cindy Cameronne

An appeals court has held that a Sydney solicitor can’t be sued for negligence for a failure to include a breach of contract claim in a building dispute, saying the lawyer was protected by advocate’s immunity because his decision was “intimately connected” with the litigation.

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Monster Energy’s costs estimate in patent case ‘monstrous’, court told
Food and Beverage 2023-06-28 1:43 pm By Cindy Cameronne

An inventor who claims Monster Energy infringed his patent for laser etched pull tabs is fighting the beverage giant’s bid for $150,000 in security for costs, saying its estimates were “monstrous”.

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ASIC’s power to order fines for Credit Code violations won’t face challenge
ASIC 2023-06-27 11:54 pm By Cindy Cameronne

Queensland lender SunshineLoans has lost its second bid for the Full Court to decide whether ASIC has the power to bring civil penalty proceedings for violations of the Credit Code, with a judge finding its arguments were not strong enough to vacate an upcoming trial.

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Nine can rely on reputation evidence in Euro Pacific CEO’s case
Dauid Sibtain 2023-06-27 4:35 pm By Cindy Cameronne

Nine has partially won its bid to include evidence about the reputation of Euro Pacific CEO Peter Schiff in an attempt to minimise the damages it will owe after abandoning its substantive defences in defamation proceedings by the bank boss.

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Viterra loses appeal of Cargill’s $300M win over Joe White sale
Allan Myers 2023-06-27 3:48 pm By Cindy Cameronne

In a decade-old dispute, Viterra has lost an appeal of a judgment holding it liable to pay Cargill Australia $293 million for misrepresentations about the performance of its malt producer Joe White, which it sold to Cargill for $420 million in 2013.

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Sanofi defeats government’s $325M appeal over generic Plavix ban
Appeals 2023-06-26 4:00 pm By Cindy Cameronne

Drug maker Sanofi-Aventis is not liable for the federal government’s losses for excess subsidies paid for the blood-thinner Plavix after an allegedly unjustified court injunction prevented the release of a generic version of the blockbuster drug, an appeals court has found.

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