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AMP financial advisers win class action over BOLR policy changes
Class Actions 2023-07-05 11:08 am By Cindy Cameronne Sydney

The lead applicant in a class action against AMP Financial Planning on behalf of 542 advisers has won $813,000 in damages after a judge found it could not retreat from a promise to buy back adviser businesses at four times their revenue. 

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‘More is more’ approach to pleadings an increasing problem, lawyers say
Analysis 2023-07-05 11:28 pm By Cindy Cameronne Sydney

A Federal Court judge who recently ordered new pleadings in a copyright case against CoreLogic is the latest judge fed up with plaintiffs pleading innumerable alternatives that waste court resources, add to the length of trials and extend the wait time for judgments.

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Covidien, TFS pelvic mesh class action settles with remaining defendants
AJB Stevens 2023-07-05 3:59 pm By Christine Caulfield

A class action over pelvic mesh products supplied by device makers Covidien and TFS has reached a global resolution with the manufacturers and their insurers which brings the recovery total in settled mesh class action close to $450 million.

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HSF, Seven can’t set aside Nine’s subpoenas in Ben Roberts-Smith case
Addisons 2023-07-05 11:42 pm By Sam Matthews Melbourne

Seven and law firm Herbert Smith Freehills have lost a bid to set aside subpoenas issued by Fairfax, as the publisher seeks third party costs orders against Seven for funding disgraced soldier Ben Roberts-Smith’s unsuccessful defamation case.

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Corrs drops client in Peloton trade mark case after fee dispute, court told
Angela McDonald 2023-07-05 1:42 pm By Gareth Baker Sydney

Law firm Corrs Chambers Westgarth has ceased acting for Mad Dogg Athletics in its defence against a trade mark lawsuit by Peloton Interactive, one of 27 proceedings the California fitness company is facing across five countries, a court has heard.

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Irritated judge pushes off 2nd junior doctors class action trial
Class Actions 2023-07-05 4:35 pm By Sam Matthews Melbourne

A judge has adjourned a trial in a case brought by junior doctors seeking to recoup alleged unpaid overtime, despite noting his annoyance over the applicants’ “180 degree turn” on the question of whether the hearing should await delivery of judgment in a related case.

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AFP can’t get first impression trial in childcare operators’ defamation case
David Gilbertson 2023-07-05 5:25 pm By Gareth Baker Sydney

A judge has knocked back a bid by the Australian Federal Police to have an upcoming trial over an allegedly defamatory press conference run on a stripped-back ‘first impression’ basis.

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Pre-case discovery not for determining recovery prospects, judge says in $350M Probuild spat
Allens 2023-07-04 4:19 pm By Sam Matthews Melbourne

A judge has found that preliminary discovery does not extend to information about the likely recovery of a claim, rejecting an argument that the relevant rule allows prospective plaintiffs to test whether litigation will be “worthwhile”.

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Financial stakes high in Atanaskovic Hartnell’s challenge to ‘campaign of denigration’ ruling
Appeals 2023-07-04 3:10 pm By Gareth Baker Sydney

An appeal by Atanaskovic Hartnell over a $330,000 damages judgment in favor of a former general manager is motivated in part by the court’s award of costs in what is a typical ‘no-cost’ employment case, the firm has told a judge, who questioned how much money had been spent on the case already.

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Ralan liquidators win OK to pursue sales agent, ATO in $18M litigation
Construction 2023-07-04 5:03 pm By Sam Matthews Melbourne

The liquidators of construction giant Ralan have been given the go-ahead to pursue a former sales manager and his wife as well as the ATO with claims worth over $18 million, with a judge finding the collapsed company operated “a type of Ponzi scheme”.

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