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Silk Norman O’Bryan loses bid to reopen his defence in Banksia class action
Allan Myers 2021-03-16 11:26 am By Christine Caulfield

Barrister Norman O’Bryan SC has failed in his last-ditch bid to reopen his defence in the Banksia class action to submit evidence he says shows he did not retain an interest in the litigation funder behind the case.

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Lawyers, funder in Banksia misconduct case could face $10M hit
Andrew Palmer 2021-03-15 11:02 pm By Christine Caulfield

The judge overseeing the trial alleging fraud on the part of barristers and the funder behind a class action over Banksia Securities will be asked to award at least $32 million to the failed property lender’s 16,000 debenture holders for the serious misconduct alleged against the lawyers.

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High Court rejects Rinehart’s ‘very odd’ special leave bid in dispute over mining assets
Adam Hochroth 2021-03-15 8:39 pm By Miklos Bolza

The High Court has rejected special leave applications by mining magnate Gina Rinehart to appeal a ruling which only partially stayed a legal dispute over ownership rights and royalties relating to the Rinehart family-owned Hope Downs iron ore mine, with one judge calling the mining magnate’s arguments a “tortured articulation” and “very odd”. 

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Katy Perry ‘cannot avoid discovery process’ in trade mark dispute, court told
Corrs Chambers Westgarth 2021-03-11 11:49 am By Cindy Cameronne

A fight is brewing over allegedly deficient discovery provided by pop star Katy Perry in her trade mark dispute with Sydney fashion designer Katie Perry, with a judge hearing that text messages from the singer’s phone that may be relevant to the case have not been handed over.  

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Insurers confirm coverage of Linchpin directors in class action, ASIC case
ASIC 2021-03-08 11:04 pm By Christine Caulfield

After months of uncertainty and a scolding from the judge about “vague” excuses, former Linchpin Capital directors facing proceedings by ASIC and a class of investors have been given assurance that their legal costs will be covered under an insurance policy.

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Avoiding ‘dangers’ of GetSwift approach, judge will jointly hear class actions over Slater & Gordon advice
Andrew Roe 2021-03-05 3:46 pm By Miklos Bolza

The judge overseeing two class actions over legal and accounting advice given ahead of Slater & Gordon’s disastrous Quindell acquisition has said he will hear the cases together, citing the “dangers” of the approach taken in litigation against GetSwift, which resulted in a judge being ordered to step down.

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Fuji Xerox loses bid to throw out ACCC’s case over small biz contracts
Competition & Consumer Protection 2021-03-04 7:18 pm By Cindy Cameronne

A judge has refused to summarily dismiss proceedings brought by the ACCC against office supply company Fuji Xerox over allegedly unfair contracts with small businesses.

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Viagogo wins stay of $7M penalty after evidence of COVID-19’s ‘catastrophic’ impact
ACCC 2021-03-04 2:44 pm By Cindy Cameronne

Crying poor during COVID-19, Viagogo has won a temporary stay of a $7 million penalty imposed by a court that found the ticket reseller misled customers on an “industrial scale”.

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Applicant, funder must foot the bill for slew of cross-claims in dropped Pitcher Partners class action
Andrew Roe 2021-03-04 12:34 pm By Cat Fredenburgh

A judge has found the lead applicant and funder in a discontinued class action against Pitcher Partners over its auditing of Slater & Gordon must pay the bill for the flurry of cross-claims brought in the proceeding, but has rejecting the accounting firm’s argument that its costs should be paid on an indemnity basis.

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ACCC to sink allegations Samsung had no reasonable grounds for waterproof claims
Bruce Caine 2021-03-03 4:27 pm By Spencer Fowler Steen

The Australian Competition & Consumer Commission has retreated from its claim Samsung Electronics allegedly made false, misleading and deceptive representations when marketing the water resistant capabilities of its Galaxy smartphones without reasonable grounds.

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