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Litigation funder a ‘stranger’ in S&P class action, not entitled to docs, judge says
Banton Group 2020-10-16 12:21 pm By Christine Caulfield Melbourne

The litigation funder embroiled in a contractual dispute with a lead applicant in a class action against S&P Global is a stranger to the proceeding and has no right to demand to be served an application to pause the case pending the outcome of the contract spat, a judge has said.

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Judge consolidates class actions against Treasury Wine, appoints referee to police costs
Class Actions 2020-10-15 10:35 pm By Christine Caulfield Melbourne

A judge has agreed to consolidate two shareholder class actions against Treasury Wine Estates over an earnings downgrade in January and will let two law firms jointly run the case, over the winemaker’s objections.

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‘Horse has bolted’: Lawyer Alex Elliott waived right to silence in Banksia case, court hears
Angel Aleksov 2020-10-15 7:10 pm By Christine Caulfield Melbourne

Lawyer Alex Elliott can’t refuse to hand over evidence in the Banksia class action on the grounds of privilege against self incrimination or exposure to penalty because he waived privilege when he produced the documents to lawyers for his late father’s funder, a court has been told.

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Court issues mixed ruling in Merck Sharp & Dohme, Pfizer vaccine patent battle
Allens 2020-10-15 4:47 pm By Miklos Bolza Sydney

Pharmaceutical rivals Merck Sharp & Dohme and Pfizer have both suffered a blow in their efforts to patent a better pneumococcal vaccine, with a judge upholding both infringement and invalidity claims in the long-running case over the blockbuster Prevnar 13 vaccine.

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‘Solicitors love them’: Judge rails against discovery ‘tsunami’ in class actions
Catherine Button 2020-10-15 11:47 am By Miklos Bolza Sydney

The judge overseeing a class action against Westpac over superannuation fees has criticised costly discovery processes that produce a “tsunami of material”, most of which is never used at trial.

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Qantas appeals court’s finding that it misapplied JobKeeper
Appeals 2020-10-15 11:27 am By Cat Fredenburgh Melbourne

Qantas Airways will challenge a court’s finding that it incorrectly applied the JobKeeper scheme and underpaid its staff.

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Judge says Robodebt class action claims ‘weak’, but refuses government’s appeal bid
Appeals 2020-10-14 9:31 pm By Miklos Bolza Sydney

A judge has refused an application by the Federal Government to appeal the expansion of the Robodebt class action pleadings despite finding the case was “troubling”, “weak” and in certain aspects “[made] no sense whatsoever”.

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Clive Palmer can’t delay Twisted Sister copyright trial
Alexander Law 2020-10-14 5:20 pm By Cat Fredenburgh Melbourne

Queensland billionaire Clive Palmer has lost his bid to vacate a trial scheduled to start next week in a high-stakes lawsuit alleging he committed copyright infringement by using Twister Sister’s 1980s rock anthem ‘We’re Not Gonna Take It’ in campaign ads for his United Australia Party without a licence.

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Google execs held ‘Oh shit’ meeting after report on location data disclosures, court hears
Anais d'Arville 2020-10-14 2:51 pm By Christine Caulfield Melbourne

A media report about Google’s location data privacy disclosures that set off investigations by consumer regulators in Australia and the US triggered crisis talks by senior executives of the search engine giant referred to as the ‘Oh shit meeting’, a court has been told.

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Daily Mail says Erin Molan has history of ‘objectively racist’ conduct
Clayton Utz 2020-10-14 12:31 pm By Cat Fredenburgh Melbourne

The Daily Mail has fired back at a defamation lawsuit by sports broadcaster Erin Molan alleging its coverage of a remark she made during Nine’s Continuous Call radio program implied she was a racist, telling the court that Molan has a history of “objectively racist” conduct on air. 

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