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‘Diligent’ silk not negligent in advice on lawsuit, judge says
Andrew Girgis 2023-04-05 12:53 pm By Sam Matthews

A solicitor and a Sydney silk have been cleared of allegations they gave negligent advice in an action against a law firm, with a judge finding the barrister was “diligent, thorough, careful and ethical”.

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Judge ‘horrified’ at ATO involvement in distributing superannuation class action settlements
ATO 2023-04-05 12:52 pm By Cindy Cameronne

A judge overseeing a superannuation class action against two Westpac units that settled for $30 million has expressed concerns about the ATO’s potential involvement in distributing settlement funds, saying the department was unlikely to efficiently reunite group members with their money. 

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Moccona’s instant coffee jar trade mark should be cancelled, Vittoria says
Davies Collison Cave 2023-04-05 12:25 pm By Sam Matthews

Moccona’s instant coffee jar shape trade mark should be cancelled because the mark is functional and can’t distinguish the company’s goods, the owner of coffee brand Vittoria argues in a trade mark infringement cross-claim.

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Judge calls out ‘ego and hubris’ in Murdoch defamation case
Clarissa Amato 2023-04-04 11:08 pm By Sam Matthews

The judge overseeing a defamation action brought by Fox News CEO Lachlan Murdoch over a Crikey article that allegedly linked him to the January 6 riot on the US Capital has questioned the “scorched earth policy” taken by both sides.

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Class action seeks court OK to drop case after teleco contractor fails
Article 2023-04-04 5:26 pm By Christine Caulfield

The applicant in an underpayments class action against telecommunications contractor Tandem — which has been stayed since the company entered administration — has asked a court to abandon the case.

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ASIC wins case against Linchpin Capital directors over $17M in client funds
ASIC 2023-04-04 3:51 pm By Cindy Cameronne

The Australian Securities and Investments Commission has won its case against four Linchpin Capital directors after a judge found they duped their clients into lining the directors’ pockets and benefitting the parent company.

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Banksia class action silk’s wife offers $1.25M settlement
Class Actions 2023-04-03 11:42 pm By Christine Caulfield

Companies linked to the wife of the disgraced Banksia Securities class action silk Norman O’Bryan have offered $1.25 million to settle proceedings seeking to recover a $21.5 million judgment for defrauded investors.

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Philips class action discontinuance shines light on ‘gap in access to justice’, judge says
Andrew Broadfoot 2023-04-03 3:46 pm By Cindy Cameronne

A bid to drop a class action against Philips Electronics over recalled sleep apnea machines showed a gap in access to justice that was “very hard to fill” given the high cost of bringing large scale litigation, a judge has said.

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‘Absolutely ludicrous’: Judge pans witness numbers in ISG sex discrimination case
Employment 2023-04-03 11:59 am By Christine Caulfield

The judge overseeing a sex discrimination and harassment lawsuit by the only female partner at global technology research company Information Services Group has lashed out at the parties for proposing to call a parade of 16 witnesses and estimating the trial would take three weeks.

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A bridge too far: Law firm loses opposition to rival’s ‘LawBridge’ trade mark
Baybridge Lawyers 2023-03-31 11:53 pm By Sam Matthews

Sydney law firm Baybridge Lawyers has lost a bid to block a rival firm that’s located in the same office building from registering its ‘LawBridge’ trade mark.

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