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Vitamin boss barred from ‘mocking’ influencer Jessica Sepel
Intellectual Property 2023-07-24 11:25 pm By Cindy Cameronne Sydney

A judge has ordered the owner of vitamin brand Life Botanics to refrain from “vilifying, denigrating, disparaging or mocking” rival JSHealth, owned by influencer Jessica Sepel.

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Sargon liquidators resolve $540,000 case against King & Wood Mallesons
ERA Legal 2023-07-24 11:21 pm By Christine Caulfield

The liquidators of collapsed Sargon Capital have resolved their unfair preference case against King & Wood Mallesons over $540,000 in fees the law firm was paid for work advising the fintech before it went under.

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Shine’s bid for $32M in loan interest raises ‘never seen before’ conflicts: judge
Alec Leopold 2023-07-24 10:08 pm By Cindy Cameronne Sydney

Shine Lawyers’ bid to recoup “exorbitant” interest on a loan it took out to run pelvic mesh class actions against Johnson & Johnson has raised new ethical dilemmas beyond the usual “sweaty palms and huge vexation” in most group proceedings, a judge has said.

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Uber class actions win orders barring unregistered group members from settlement
Alexia Staker 2023-07-24 5:30 pm By Christine Caulfield

Uber and the applicants in class actions against the car service will head into mediation later this year, and only group members who sign up to join the cases will get a chance to share in the proceeds of any settlement that results from the talks.

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Saddled with resigning judge’s unfinished case, colleague spares no feelings
Amy Campbell 2023-07-21 11:28 pm By Christine Caulfield

A judge has resigned before delivering judgment in litigation that went to trial in 2020, and the colleague assigned the unenviable task of issuing a ruling has taken a swipe at his departing peer, noting the absence of medical or other evidence to explain her “unwillingness” to see the case through.

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Judge orders ‘soft’ class closure in flex commissions class actions
Catherine Hamilton-Jewell 2023-07-21 10:53 pm By Cindy Cameronne Sydney

Westpac, Macquarie and ANZ have won soft class closure orders ahead of mediation in three class actions over flexible commissions schemes after a judge found they will improve the chances of settlement.  In a judgment handed down on Thursday, Victoria Supreme Court Justice Lisa Nichols ordered that group members have to formally register in the…

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Court throws out decision on nuclear waste facility location
Australian Government Solicitor 2023-07-21 10:25 pm By Gareth Baker Sydney

A court has set aside former Federal Minister for Resources Keith Pitt’s decision to develop a nuclear waste facility in Napandee in South Australia’s Eyre Peninsula, saying a fair-minded observer may have perceived that Pitt was biased in selecting the site over two other proposed locations. 

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Fairfax wants Seven, Herbert Smith Freehills emails in Ben Roberts-Smith case
Addisons 2023-07-21 2:11 pm By Cindy Cameronne Sydney

Seven Network and law firms Herbert Smith Freehills and Addisons are fighting Fairfax’s bid for communications relating to Ben Roberts-Smith’s unsuccessful defamation case, as the publisher seeks its significant defence costs. 

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Administrator can’t claw back security for costs in case by failed company
Contracts 2023-07-21 1:16 pm By Sam Matthews Melbourne

A judge has rejected a bid by the administrator of a collapsed company to claw back a payment of security for costs made in earlier litigation, which he found did not give rise to a relevant security interest.

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Insurer Vero dragged into class action over combustible cladding
Charles Colquhoun 2023-07-20 11:13 pm By Gareth Baker Sydney

A judge has ruled insurer Vero can be added to a class action over allegedly combustible cladding, finding removal of the cladding could be considered “property damage” under the wording of an insurance contract with cladding manufacturer Fairview.

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