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Linchpin class action concerned about ‘authenticity’ of evidence for trial
ASIC 2023-05-17 1:33 pm By Cindy Cameronne Sydney

The applicant in an investor class action over the collapse of advisory firm Linchpin Capital and Endeavour Securities has raised concerns about the authenticity of Linchpin’s business records, which it wants to put into evidence at trial in two months.

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Tech exec subjected to DXC’s ‘unreasonable’ 7-year restraint clause wins appeal
Acting Justice Carolyn Simpson 2023-05-16 10:28 pm By Sam Matthews Melbourne

An appeals court has found a seven-year non-competition clause in US tech giant DXC Eclipse’s agreement with the former director of Melbourne software firm Sable37, which it acquired in 2018, was unreasonable.

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With no funder, Colonial class action members better off by up to $12M, court finds
Adam Hochroth 2023-05-16 4:53 pm By Christine Caulfield

Customers of wealth manager Colonial First State were $10 million to $12 million better off without a litigation funder in a class action over the slow transfer of accounts to low cost MySuper funds, a judge has found.

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UFG to pay $5M for misleading gym franchisees about ‘near valueless’ businesses
Competition & Consumer Protection 2023-05-16 4:24 pm By Cindy Cameronne Sydney

The company behind the Ultimate Fighting Championship gym franchise has been ordered to pay $5 million to three franchisees after a judge found it misled them about businesses which were “near valueless” and unlikely to make profit. 

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‘Silly case’ between class action applicant, funder settles
Carl Moller 2023-05-16 4:24 pm By Christine Caulfield

A clash between a class action applicant and a litigation funder over $1.2 million in claimed expenses has settled, after a judge ordered the sides to personally attend mediation.

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In decades-long fight over coal seam gas fields, Tri-Star loses referee bid
Adam Pomerenke 2023-05-16 3:55 pm By Cindy Cameronne Sydney

Texas oil giant Tri-Star has lost its bid for a referral in a dispute with natural gas exporter Australia Pacific LNG over several coal seam gas fields in Queensland and $7.6 billion in share acquisitions.

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Ex-commando slams ABC’s ‘nonsensical’ argument against damages in defamation case
ABC 2023-05-16 1:20 pm By Cindy Cameronne Sydney

Former Army major Heston Russell has panned the ABC’s argument that it is not liable to pay damages in his defamation case because he identified himself and was given an opportunity to respond to stories that suggested he was involved in murdering an Afghan prisoner.

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Block’s mobile payment method not patentable, says IP Australia
FB Rice 2023-05-16 12:14 pm By Sam Matthews Melbourne

IP Australia has rejected an application by US technology company Block to patent a mobile payment method, saying it does not describe a manner of manufacture — the threshold requirement tripping up many claimed computer-implemented inventions.

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Meridian continues raid of McCabes to grow insurance team
Business of Law 2023-05-15 10:30 pm By Gareth Baker

National law firm Meridian Lawyers has nabbed two senior practitioners from McCabes for its insurance group, less than a month after luring 14 lawyers and staff from its competitor.

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NextEra sues Spain in Australia to enforce $472M arbitration award
Arbitration 2023-05-15 4:12 pm By Cindy Cameronne Sydney

A Dutch renewable energy company has brought proceedings in the Federal Court to enforce a $472 million arbitration award against Spain over changes to its energy policies, after the country lost a similar case in the High Court. 

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