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Ex-Herbert Smith Freehills lawyer disqualified from feud with former Tennis Australia boss, ASIC says
Aaron Weinstock 2022-04-01 7:02 pm By Christine Caulfield Melbourne

A Federal Court registrar overseeing a costs dispute between ASIC and former Tennis Australia president Steven Healy worked in the practice group where the costs were accrued and should recuse herself, the regulator has said.

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Slater & Gordon touts superior track record in battle to lead Beach Energy class action
Alistair Pound 2022-04-01 6:29 pm By Cindy Cameronne Sydney

Two heavyweight plaintiff firms battled it out Friday to run a shareholder class action against Beach Energy, with Shine Lawyers saying it should be rewarded for setting the price of the contingency fees sought in the case and Slater & Gordon arguing it has a better track record in class actions.

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Qantas engineers lose appeal over COVID-19 stand down orders
Appeals 2022-04-01 5:39 pm By Cindy Cameronne Sydney

Aircraft engineers for Qantas have lost a challenge to a ruling that the airline had no “genuine choice” when it stood them down in March 2020 during the COVID-19 pandemic.

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Full Court ruling on MIS regime may not resolve funding issues in RFG class action, court hears
Arnold Bloch Leibler 2022-04-01 4:54 pm By Cat Fredenburgh Melbourne

A case before the Full Court that will revisit the question of whether class actions are managed investment schemes may not resolve all of the funding controversies that have emerged in a class action against franchise giant Retail Food Group, a court has heard.

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Mercedes-Benz to argue Takata airbags recall was invalid
Australian Government Solicitor 2022-04-01 1:39 pm By Cat Fredenburgh Melbourne

Mercedes-Benz will defend ACCC proceedings alleging it exposed consumers to serious injury or death by failing to comply with obligations under a compulsory recall of potentially deadly Takata airbags by arguing the recall was invalid.

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Nine ‘fishing’ for defence in barrister’s defamation case over cavoodle custody battle, court hears
Bird & Bird 2022-04-01 11:08 am By Cat Fredenburgh Melbourne

A barrister who has sued Nine over its coverage of her battle for custody of famed social media pooch Oscar the cavoodle has accused the media company of seeking to delay filing a response to the lawsuit so that it can ‘fish’ for a defence.

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High Court won’t hear ALP members’ challenge to federal takeover of election
Appeals 2022-03-31 10:49 pm By Cat Fredenburgh Melbourne

The High Court has declined special leave to members of the Victorian Labor party to challenge a judge’s finding that the pre-selection of ALP candidates in Victorian electorates by federal administrators during their takeover of the state party was lawful.

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KPMG liquidators can’t dodge examination over handling of Jewel of India sale
Banton Group 2022-03-31 5:38 pm By Cindy Cameronne Sydney

Liquidators for ready-made meals producer Jewel of India have lost their bid to dodge public examination over their alleged poor handling of the business’ sale and failure to investigate potential claims against the Commonwealth Bank.

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Insurer on hook for doctor’s costs in breast implant class action
Appeals 2022-03-31 1:59 pm By Sam Matthews Melbourne

An appeals court has found that Avant Insurance must indemnify a plastic surgeon for his legal bills and the claims of all relevant group members in a class action over alleged botched breast augmentations.

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Securing ACCC nod for patent settlement with rivals no easy task, first draft decision shows
Competition & Consumer Protection 2022-03-31 1:42 pm By WP Creative

The competition regulator has proposed to deny authorisation for a patent settlement that sought to permit early entry of generic drugs. Whether the companies involved will be able to quell the ACCC’s concerns remains to be seen, but what is clear is that future authorisation applications will contend with significant forensic challenges, writes Corrs Chambers Westgarth’s Odette Gourley, Richard Flitcroft, David Fixler and Ian Reynolds.

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