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Shine Lawyers’ attempt at video opt-out notice not a Golden Globe winner, judge teases
Alicia Lyons 2020-04-15 3:38 pm By Miklos Bolza Sydney

A Federal Court judge has praised an attempt by Shine Lawyer’s head of litigation to create an audio-visual opt out notice for its insurance class action against Westpac, but jokingly remarked that her performance would not win her any acting plaudits.

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Payday lender Cigno loses challenge to ASIC ban on short-term credit lending
ASIC 2020-04-15 3:20 pm By Christine Caulfield

Payday lender Cigno has lost a challenge to the corporate regulator’s first action under powers to prohibit ‘predatory’ financial products that targeted its model of short-term credit lending.

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COVID-19 could push Country Care cartel trial to next year
Alice Muhlebach 2020-04-15 1:59 pm By Alison Eveleigh Sydney

The jury trial for a criminal cartel case against mobility equipment provider Country Care and two employees is unlikely to start before next year due to restrictions on jury trials caused by the coronavirus pandemic, a judge has said.

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Tips from top barristers on litigating in a virtual courtroom
Adam Hochroth 2020-04-14 10:14 pm By Miklos Bolza Sydney

The novel coronavirus pandemic has forced Australian courtrooms into the virtual world, with many barristers and solicitors litigating via phone or video for the first time. Here, some of Australia’s top barristers offer tips on how to bring your A game into the virtual realm.

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Class can’t access insurance docs in action over ‘illusory’ car warranties
Baker McKenzie 2020-04-14 5:23 pm By Miklos Bolza Sydney

The applicant in a $47.6 million class action against a unit of car leasing company McMillan Shakespeare has been denied access to insurance documents sought to determine the value of the case, with a judge saying access would “distort the playing field”.

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Bega triumphs again in $60M battle over peanut butter IP rights
Addisons 2020-04-14 3:47 pm By Cat Fredenburgh Melbourne

Kraft has lost an appeal in its high-stakes legal battle against Bega over the right to use its distinctive peanut butter trade dress in Australia.

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Judge shoots down request for soft closure in breast implants class action
Class Actions 2020-04-14 1:22 pm By Cat Fredenburgh Melbourne

The plaintiffs in a class action against Dr Eddy Dona, the director of defunct chain the Cosmetic Institute, over allegedly botched breast implants have lost their bid for a ‘soft’ class closure order, with a judge saying the class already had sufficient information to engage in settlement negotiations.

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‘This is the reality of litigation in Australia’: Class action clashes with Ford over virtual trial
Allens 2020-04-09 9:59 pm By Christine Caulfield Sydney

Arguing that the court should not be “baulking at problems that have the potential to occur”, counsel for a class action against Ford is pushing back against a bid by the car maker to put the brakes on an upcoming virtual trial the company says will be too difficult and costly.

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Judge ‘pleasantly surprised’ by virtual trials, refuses to delay GetSwift hearing
ASIC 2020-04-09 8:07 pm By Alison Eveleigh Sydney

A judge has refused to delay a civil penalty hearing brought by ASIC against GetSwift, scheduled to begin in June, after the logistics company argued that the virtual hearing necessitated by the COVID-19 pandemic would be prejudicial and the proceedings should be adjourned.

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Quintis reaches settlement in shareholder class action
Alexander Edwards 2020-04-09 7:53 pm By Christine Caulfield Sydney

Sandalwood producer Quintis has agreed to settle two class actions by shareholders, but the claims against company founder Frank Wilson and auditor EY will proceed for now.

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