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Landmark shareholder class action against Myer dismissed
Class Actions 2020-05-06 1:31 pm By Cat Fredenburgh

A closely watched shareholder class action against Myer over an inflated profit forecast from former CEO Bernie Brookes has been dropped, after a court found the retail giant misled shareholders but that they suffered no harm.

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Top silk ‘joked’ with class action lawyer Mark Elliott about misleading fee expert, court told
Arnold Bloch Leibler 2020-05-05 5:34 pm By Christine Caulfield

A prominent silk deliberately misled a cost consultant retained to provide an opinion on the barrister’s fees to a court overseeing a class action over the collapse of Banksia Securities, then joked about it with lawyer and litigation funder Mark Elliott, a judge has been told.

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Hytera witnesses may travel to Hong Kong to be cross-examined at Motorola IP trial
Angus Lang 2020-05-05 3:42 pm By Miklos Bolza

Chinese-based witnesses for Hytera may be able to travel to Hong Kong for cross-examination in a now rescheduled copyright trial between Motorola and Hytera, after Chinese law and the ongoing COVID-19 health crisis forced the court to vacate the hearing, initially due to start this week.

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Hanwha mostly defeats bid for more discovery in solar patent feud
Angus Lang 2020-05-05 3:23 pm By Christine Caulfield

A court has substantially dismissed an application for further discovery by three companies facing a lawsuit by chemical and energy giant Hanwha Solutions for patent infringement of its solar cell technology.

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ACCC says lower fine ‘appropriate’ in VW appeal of record $125M ‘dieselgate’ penalty
Australian Government Solicitor 2020-05-05 12:58 pm By Alison Eveleigh

The Australian Competition and Consumer Commission maintains its $75 million settlement agreement with Volkswagen over the emissions cheating scandal was “appropriate”, as VW progresses its appeal of the $125 million penalty imposed by a judge who called the ACCC agreement “manifestly inadequate”.

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Judge greenlights MP’s defamation trial despite COVID-19 restrictions
Burch and Co Lawyers 2020-05-04 8:14 pm By Alison Eveleigh

A Victorian Liberal MP seeking damages for allegedly defamatory Facebook statements has been given the green light to proceed with a judge-only trial, after jury trials were suspended in Victoria amid the COVID-19 pandemic.

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Common fund order slapped down in Vocus class action
Class Actions 2020-05-04 5:50 pm By Miklos Bolza

A judge has declined to make a common fund order in approving a $35 million settlement in a shareholder class action against telecommunications firm Vocus Group, resulting in a reduced payout for the funders that backed the case.

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GSK, Novartis agree to $4.5M penalty for misleading Osteo Gel claims
Bird & Bird 2020-05-04 3:40 pm By Alison Eveleigh

GlaxoSmithKline and Novartis have agreed to a combined penalty of $4.5 million after the Australian Competition and Consumer Commission accused the pharmaceutical giants of making misleading claims in marketing their Voltaren Osteo Gel and Voltaren Emulgel pain relief products.

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‘Fanciful’: Judge tosses Queensland taxi drivers claim for losses caused by Uber
Automotive 2020-05-04 2:54 pm By Miklos Bolza

A group of Queensland taxi drivers has lost the bulk of a lawsuit seeking compensation from the state government for losses allegedly caused by ride sharing services like Uber, with a court dismissing the drivers’ claims as “fanciful”.

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Ex-Directed Electronics manager dropped lawyers mid-trial in ‘tactical’ move, court hears
Adrian Ryan 2020-05-04 1:00 pm By Miklos Bolza

Directed Electronics has slammed a decision by one of its former managers to switch lawyers in the middle of a trial over alleged corporate theft, saying the move had a “tactical flavour”.

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