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Fuchs appeals ruling for Quaker over patents used at BHP mine
Andrew Fox 2020-05-27 11:07 am By Christine Caulfield

Fuchs Lubricants is contesting a finding that it infringed patents owned by Quaker Chemicals in supplying hydraulic fluid to a BHP Billiton-owned mine.

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J&J unit hit with indemnity costs for ‘unreasonable conduct’ in pelvic mesh class action
Andrew Naylor 2020-05-26 8:13 pm By Alison Eveleigh

Johnson & Johnson subsidiary Ethicon has been hit with an indemnity costs order for “unreasonable conduct” after its loss in last year’s pelvic mesh class action ruling, which found that the pharmaceutical giant did not adequately warn of the risks of the implants.

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Ex-McCabe Curwood lawyer ordered to pay legal bill after ‘incompetent’ appeal
Acting Justice Carolyn Simpson 2020-05-26 4:29 pm By Miklos Bolza

A former solicitor with McCabe Curwood has lost his attempt to overturn an order that he pay $36,000 in costs to his former employer, after an appeals court found that his challenge was “incompetent”.

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Box Hill Institute ordered to alert students to class action over aviation course
Class Actions 2020-05-26 3:55 pm By Alison Eveleigh

Vocational education provider Box Hill Insitute must notify current students that their aviation course is the subject of a class action, which claims the licences students obtained through the institute did not provide them with the requisite knowledge or training to obtain a commercial pilots licence.

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The write way to success: Barristers’ top tips for winning written submissions
Business of Law 2020-05-26 2:20 pm By Miklos Bolza

With COVID-19 forcing courts to deal with more matters on the papers, written submissions are more important than ever and must be carefully crafted to assist the court while offering clients the best chance of success, barristers told Lawyerly.

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VW carve-out settlement may become more popular as class action scrutiny heats up
Adam Hochroth 2020-05-25 8:24 pm By Christine Caulfield

The settlement arrangement resolving five class actions against Volkswagen, which carved out hefty legal fees from the $120 million payout to drivers, could become more prevalent as the spotlight is once again trained on the cost of class actions. But the approach is not without controversy, experts say.

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‘Threat of a heavy sanction’: Shareholder slams opt-out notice in AMP class action
Adam Hochroth 2020-05-25 8:15 pm By Miklos Bolza

A proposed notice to eligible group members in Maurice Blackburn’s class action against AMP over its fees for no services scandal threatened to bar unregistered shareholders from any settlement stemming from mediation in the case, a threat barred by a recent ruling finding that courts have no power to close class actions to signed up group members, an appeals court has heard.

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7-Eleven must hand over legal bills ahead of class action fight over security for costs  
Andrew McRobert 2020-05-25 3:35 pm By Alison Eveleigh

A security for costs fight is looming in the two class actions brought against 7-Eleven on behalf of franchisees, and the convenience store giant, which claims it has spent more than double the security paid so far in defending the cases, must produce 900 pages of invoices ahead of the battle.

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Essential Energy loses bid to block preliminary discovery for potential class action
Class Actions 2020-05-22 9:06 pm By Miklos Bolza

Essential Energy has lost its appeal of a ruling granting preliminary discovery for a potential class action over the 2018 Tathra bushfire in New South Wales.

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BP loses appeal of Hitler parody video ruling
Christopher Tran 2020-05-22 6:43 pm By Alison Eveleigh

The Full Federal Court has dismissed BP’s appeal of a ruling by the Fair Work Commission that reinstated a worker who was fired for sharing a video clip that included subtitles placed over a scene from the movie ‘Downfall’ about Adolf Hitler.

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