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Judges need to recognise ‘human side’ of lawyers, NSW chief judge says
Chief Justice Tom Bathurst 2021-02-05 10:41 pm By Christine Caulfield Melbourne

Going to court shouldn’t be a “Darwinian experience” for lawyers, where only those with thick skin or no children survive, NSW’s most senior judge has said.

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Sparke Helmore off the hook as IOOF unit loses appeal of $76M judgment
Acting Justice Arthur Emmett 2021-02-05 6:34 pm By Miklos Bolza Sydney

IOOF subsidiary Australian Executor Trustees failed to drag law firm Sparke Helmore into a case after it was hit with a $76.6 million judgment over breaches of duty in the sale of a 42,000 hectare timber plantation by collapsed forestry giant Gunns Group.

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‘Ancient allegations’: Judge rejects bid for new pleading in client’s 1993 case against solicitor
Construction 2021-02-05 6:05 pm By Christine Caulfield Melbourne

A judge has refused a bid to file a new pleading in a $1.3 million “squabble” with an “unfortunate history” between a client and his former solicitors, one of whom is now dead, dating back to 1993.

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Judge OKs $9.5M McMillan Shakespeare settlement despite funder, lawyers taking bulk
ASIC 2021-02-05 5:29 pm By Spencer Fowler Steen Melbourne

A judge has approved a $9.5 million settlement in a class action against McMillan Shakespeare as fair and reasonable, allowing a common fund order and a nearly 30 percent commission for the litigation funder despite previously raising “real concerns” about the small portion flowing to group members.

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Arrium class action at centre of brewing fight over contingency fee orders
Ashurst 2021-02-05 4:32 pm By Miklos Bolza Sydney

Whether a contingency fee order made in a Victoria Supreme Court class action can survive a transfer application to a NSW court could be the next high stakes class action issue for the courts.

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ACCC secures $83.5M in fines over vehicle shipping cartel
ACCC 2021-02-04 10:43 pm By Cat Fredenburgh Melbourne

Norwegian shipping company Wallenius Wilhlmsen Ocean has been fined $24 million for conspiring to fix the rates charged for shipping vehicles to Australia, bringing the total fines won by the ACCC over the shipping cartel to $83.5 million.

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Barrister settles lawsuit over client loss in $24.5M property spat
Alan Herskope 2021-02-04 4:36 pm By Miklos Bolza Sydney

A Victorian barrister has reached a settlement on the eve of trial in a breach of fiduciary duty lawsuit brought by a former client who lost a court case over a $24.5 million real estate dispute.

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Facebook still California dreaming in legal battle with startup
Appeals 2021-02-04 3:50 pm By Cat Fredenburgh Melbourne

Facebook and its subsidiary Instagram are pushing for a competition dispute brought by an Australian social media startup to be heard on their home turf in the state of California.

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Fairfax rejected settlement offers with ‘bugger off letters’, Elaine Stead tells court
Banki Haddock Fiora 2021-02-04 3:23 pm By Miklos Bolza Sydney

Venture capitalist Dr Elaine Stead is seeking indemnity costs after being awarded $280,000 in her defamation case against Nine-owned Fairfax, which she accuses of rejecting several settlement offers with “bugger off letters” and engaging in a “petulant campaign” of media coverage post-judgment.

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Ultra Tune founder wins injunction banning ex-girlfriend from releasing secret recordings
Automotive 2021-02-04 2:41 pm By Christine Caulfield Melbourne

The wealthy founder of auto repair franchisor Ultra Tune has secured a temporary injunction against his ex-girlfriend and a former employee prohibiting them from distributing secret recordings after excerpts from one damaging audio file were published by Fairfax.

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