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ACCC’s witness statement method ‘quite unfair’, says judge hearing cartel case
ACCC 2021-11-05 9:45 pm By Christine Caulfield Melbourne

The ACCC’s practice of successively refining witness statements without saving draft versions was “quite unfair”, says a judge overseeing the competition regulator’s criminal cartel case over a botched ANZ share placement.

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Ex-Tennis Australia president loses bid for $4.3M in indemnity costs against ASIC
Aaron Weinstock 2021-11-05 9:04 pm By Cindy Cameronne Sydney

Former Tennis Australia president Steven Healy has lost his bid for $4.3 million in indemnity costs against ASIC over its failed case over the rights to the Australian Open, with a judge finding the regulator’s case against him had “reasonable prospects of success” before trial.

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Court strikes out Mineralogy’s ‘wholly disproportionate’ defence amendments in dispute with CITIC
Alexander Law 2021-11-05 5:46 pm By Miklos Bolza Sydney

Hong Kong-based conglomerate CITIC has successfully struck out large portions of an amended defence by Mineralogy and its owner Clive Palmer in a dispute over the $5.8 billion Sino Iron project in Cape Preston, with a judge finding the changes would create “wholly disproportionate and unnecessary” steps just two months out from trial.

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YouTuber Jordan Shanks apologises to John Barilaro in zero dollar defamation settlement
Ashurst 2021-11-05 10:51 am By Miklos Bolza Sydney

YouTube comedian Jordan Shanks has apologised to former NSW Deputy Premier John Barilaro for hurt caused by videos posted in 2020 and 2021 but won’t be paying any damages as part of a settlement of a high profile defamation case.

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Western Power can’t palm legal costs onto Thiess for bushfire class action loss, court finds
Brahma Dharmananda 2021-11-05 2:20 pm By Cindy Cameronne Sydney

Western Power is not entitled to palm off the legal costs of defending a class action after an appeals court found it was negligent in causing the January 2014 Perth Hills bushfire which destroyed 57 homes, a court has said.

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ACCC let JPMorgan lawyers review witness statement in cartel probe, court told
Ann Bonnor 2021-11-04 10:42 pm By Christine Caulfield Melbourne

Lawyers for JPMorgan went to the ACCC’s office to review a draft statement of the investment bank’s then managing director Jeffrey Herbert-Smith, an immunity witness for the competition regulator in its troubled criminal cartel case over an ANZ share placement, a court has heard.

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Law firms accused of negligence fight Dover Financial’s bid to add lawyers to case
Adam Coote 2021-11-04 4:11 pm By Cindy Cameronne Sydney

Three law firms and a consultancy are fighting a bid by defunct financial advisor Dover Financial to bring negligence claims against two lawyers over a so-called client protection policy found to be “an exercise in Orwellian doublespeak”.

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Ono Pharmaceutical faces grilling by Full Court in patent extension appeal
Appeals 2021-11-04 9:20 pm By Miklos Bolza Sydney

Drug company Ono Pharmaceutical has faced tough questioning by an appeals court in a fight with IP Australia over a decision that secured it a patent extension for its cancer immunotherapy drug Opdivo.

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Lawyer reprimanded for failing to pay barristers’ fees in ‘silly act of desperation’
Business of Law 2021-11-04 3:29 pm By Christine Caulfield

A Melbourne lawyer has been found guilty of 14 charges of professional misconduct for misappropriating trust funds and failing to pay tens of thousands of dollars in fees to seven barristers.

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Epic’s evidence in clash with Apple could be first in competition case
Apple 2021-11-04 1:19 pm By Bianca Hrovat Sydney

Epic Game’s plan to lead econometric evidence in its dispute with Apple could be the first time such evidence has been led in a competition case in Australia, a judge has said, as he warned that the companies’ “unlimited resources and enthusiasm for victory” should not bog the case down.

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