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Judge slams Domino’s for obstructionism in underpayments class action
Class Actions 2022-08-25 11:51 pm By Cat Fredenburgh

A judge has blasted Domino’s for its obstructionism in an underpayments class action and promised to order the pizza franchise giant to hand over information on its stores to facilitate settlement.

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‘Long overdue’ legal costs reform to hit Victorian courts
Business of Law 2022-08-25 11:34 pm By Sam Matthews Melbourne

A report commissioned by the Supreme Court of Victoria has recommended a massive overhaul to the system for awarding costs in civil proceedings, trashing the “opaque” and “inadequate” scale of costs system.

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Class action against Westpac says bank’s discovery not up to Worley standard
Class Actions 2022-08-24 11:17 pm By Christine Caulfield

Westpac and the lead applicant in a class action filed in the wake of AUSTRAC proceedings are still battling it out over discovery of evidence three years into the case. And the applicant claims the bank’s discovery protocol fails the new test set by the Full Federal Court earlier this year.

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Law firms’ agency agreement prevails over ‘opaque’ funding in Nuix class action battle
Banton Group 2022-08-23 11:04 pm By Sam Matthews Melbourne

Law firms Shine Lawyers and Phi Finney McDonald have won a contest to jointly run a class action against embattled tech company Nuix, with rival Banton Group losing out on its “opaque” funding agreement.

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Sister wins Darling Point round in Macarthur-Onslow family feud
Bernard Coles 2022-08-23 11:41 pm By Sam Matthews

The death last year of a protagonist in the drama has not ended the legal spat between the children of one of Australia’s richest families over a deed of settlement intended to resolve a family feud over assets.

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Lawyers’ failure kept me from claiming privilege, says Mayfair’s Mawhinney
Aaron Weinstock 2022-08-22 11:26 pm By Sam Matthews

The founder of beleaguered investment group Mayfair 101, James Mawhinney, has argued that multiple law firms failed to advise him of the privilege against self-exposure to penalty in proceedings brought by the corporate regulator, which saw him banned from soliciting funds or promoting any financial product for 20 years.

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High Court to weigh in on COVID-19 cancellation of hotel sale
Appeals 2022-08-22 10:06 pm By Cat Fredenburgh

The High Court has agreed to weigh in on whether government restrictions on social gatherings during the COVID-19 pandemic frustrated a $11.25 million contract for sale of a hotel in the Sydney suburb of Pyrmont.

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Onus on franchisor to prove $1.2M security would not kill class action, Full Court told
Appeals 2022-08-22 11:57 pm By Christine Caulfield

Fighting what they say is a stultifying $1.23 million order for security for defence costs in a class action, franchisees of Hog’s Breath Cafe have argued it is up to the restaurant chain to prove group members can pony up the dough.

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Biggin & Scott shouldn’t be liable for ‘indifference’ to source code infringement, High Court told
Hamish Bevan 2022-08-22 2:47 pm By Cat Fredenburgh Melbourne

Biggen & Scott should not be held liable for copyright infringement for its supposed “indifference” to the copying of real estate marketing platform Campaigntrack’s source code by a developer, the real estate agency group argues in a special leave application to the High Court.

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Forum Finance judge recuses himself after questioning director’s credibility
Allens 2022-08-19 9:51 pm By Cindy Cameronne Sydney

A Federal Court judge has recused himself from hearing a fraud trial against Forum Finance, after expressing that he had an “unfavourable” impression of director Vince Tesoriero’s reliability as a witness.

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