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Corrs drops client in Peloton trade mark case after fee dispute, court told
Angela McDonald 2023-07-05 1:42 pm By Gareth Baker Sydney

Law firm Corrs Chambers Westgarth has ceased acting for Mad Dogg Athletics in its defence against a trade mark lawsuit by Peloton Interactive, one of 27 proceedings the California fitness company is facing across five countries, a court has heard.

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Irritated judge pushes off 2nd junior doctors class action trial
Class Actions 2023-07-05 4:35 pm By Sam Matthews Melbourne

A judge has adjourned a trial in a case brought by junior doctors seeking to recoup alleged unpaid overtime, despite noting his annoyance over the applicants’ “180 degree turn” on the question of whether the hearing should await delivery of judgment in a related case.

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AFP can’t get first impression trial in childcare operators’ defamation case
David Gilbertson 2023-07-05 5:25 pm By Gareth Baker Sydney

A judge has knocked back a bid by the Australian Federal Police to have an upcoming trial over an allegedly defamatory press conference run on a stripped-back ‘first impression’ basis.

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Pre-case discovery not for determining recovery prospects, judge says in $350M Probuild spat
Allens 2023-07-04 4:19 pm By Sam Matthews Melbourne

A judge has found that preliminary discovery does not extend to information about the likely recovery of a claim, rejecting an argument that the relevant rule allows prospective plaintiffs to test whether litigation will be “worthwhile”.

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Financial stakes high in Atanaskovic Hartnell’s challenge to ‘campaign of denigration’ ruling
Appeals 2023-07-04 3:10 pm By Gareth Baker Sydney

An appeal by Atanaskovic Hartnell over a $330,000 damages judgment in favor of a former general manager is motivated in part by the court’s award of costs in what is a typical ‘no-cost’ employment case, the firm has told a judge, who questioned how much money had been spent on the case already.

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Ralan liquidators win OK to pursue sales agent, ATO in $18M litigation
Construction 2023-07-04 5:03 pm By Sam Matthews Melbourne

The liquidators of construction giant Ralan have been given the go-ahead to pursue a former sales manager and his wife as well as the ATO with claims worth over $18 million, with a judge finding the collapsed company operated “a type of Ponzi scheme”.

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GetSwift boss still can’t be found, court hears in lawsuit brought by co-founder
Financial Services 2023-07-04 2:23 am By Sam Matthews Melbourne

GetSwift director Joel Macdonald still has not been served almost a year after his former Melbourne Demons teammate James Strauss filed a $15 million lawsuit against him, with a judge adjourning yet another substituted service application.

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Lundbeck’s decade-long damages bid against Sandoz stayed despite High Court win
Christian Dimitriadis 2023-07-04 11:39 pm By Cindy Cameronne Sydney

Novartis unit Sandoz has won its bid to stay a case by rival Lundbeck, including orders for damages previously calculated at $26.3 million and counting, despite having succeeded at the High Court in a dispute over its patent for blockbuster antidepressant Lexapro.

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Life insurer Select AFSL, director hit with $13M penalty for unconscionable sales tactics
Anthony Cheshire 2023-07-04 2:48 pm By Cindy Cameronne Sydney

Select AFSL, its related entities and its director have been slapped with $13.6 million in penalties after a judge found that the life insurer used unconscionable phone sales tactics to “wear down” often vulnerable consumers, including migrants and Indigenous communities.

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Time to end this ‘sorry business’: Court tosses objection to EY settlement
Ernst & Young 2023-07-03 4:08 pm By Cindy Cameronne Sydney

A court has blessed a trust’s settlement with Ernst & Young that resolves a negligence case linked to a decade-long tax dispute that went to the High Court, rejecting an objection to the deal and saying it was “time this matter was brought to a conclusion”.

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