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Ben Roberts-Smith accuses ex-wife of accessing email correspondence with lawyers
Arthur Moses 2021-06-04 11:42 pm By Christine Caulfield Melbourne

The ex-wife of accused war criminal Ben Roberts-Smith may have accessed his email account containing privileged communications with lawyers, a barrister for the former soldier told a judge on the eve of his defamation trial against Nine.

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GetSwift class action faces fight to use witness evidence from ASIC case
Ahmed Rizk 2021-06-04 10:15 pm By Christine Caulfield Melbourne

GetSwift is opposing a bid by the lead shareholder in a class action to rely at an upcoming trial on evidence given by overseas witnesses in last year’s hearing in ASIC’s case, and its resistance could force the class to bring a separate case in the US to compel fresh testimony, a court has heard.

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‘I don’t think it’s right’: Federal Court judge not a fan of landmark class closure ruling
Allens 2021-06-04 4:00 pm By Cindy Cameronne Sydney

A Federal Court judge has made his feelings known about a ruling by the NSW Supreme Court last year that found judges have no power to shut unregistered group members out of a class action, but said he was “just a single judge” and was bound by the decision.

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Judge extends injunction blocking ex-Liberty Financial exec from joining rival
Andrew Crocker 2021-06-04 2:10 pm By Christine Caulfield Melbourne

A judge has extended an injunction barring a former manager of non-bank lender Liberty Financial from working for a unit of Wingate Group until after trial in a case over a restraint clause in the executive’s contract.

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Insurer may be dragged into COVID-19 class action against security firms
Andrew Fraatz 2021-06-04 1:27 pm By Miklos Bolza Sydney

The lead plaintiff in a class action against security firms Unified and MSS Security over last year’s second COVID-19 wave in Victoria might drag an insurer into the proceedings after Unified went into liquidation.

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Ben Roberts-Smith sues ex-wife ahead of defamation trial over war crimes allegations
Bruce McClintock 2021-06-03 10:30 pm By Christine Caulfield Melbourne

Accused war criminal Ben Roberts-Smith has brought legal action against his ex-wife, who is set to give evidence for Nine at the upcoming trial in his defamation case against the publisher.

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Court urged to reject law firm’s contingency fee bid in ANZ, Westpac class actions
ANZ 2021-06-03 10:25 pm By Miklos Bolza Sydney

A Victoria Supreme Court judge weighing for the first time an application by a law firm for a percentage cut of recoveries in class actions has been told to reject the bid because group members would fare better under the firm’s current no win, no fee funding arrangement.

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Kraft to pay Bega $9.25M to resolve peanut butter trade dress battle
Bega 2021-06-03 4:22 pm By Cat Fredenburgh Melbourne

Kraft has agreed to pay Bega $9.25 million as part of a settlement resolving a long-running battle over peanut butter trade dress rights, after the US consumer goods giant exhausted all its options for appealing a ruling that found Bega had acquired the rights to the trade dress.

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Court to hear challenge to unions funding class action against UGL
Christina Trahanas 2021-06-03 12:04 pm By Cat Fredenburgh Melbourne

Engineering giant UGL will file proceedings against two unions seeking to block them from funding an underpayments class action on behalf of casual workers, with a judge noting the Full Court may need to weigh in on whether unions can fund class actions.

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Judge warns ‘enough’s enough’ in fight for damages over delayed Abilify generic
Allens 2021-06-03 10:52 am By Cat Fredenburgh Melbourne

A judge has given Generic Health more time to file its evidence in a multimillion-dollar dispute with drug makers Otsuka and Bristol-Myers Squibbs over the delayed launch of generic versions of their antipsychotic drug Abilify, but warned there had to be a cut-off point for preparing the decade-long dispute for trial.

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