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‘Diligent’ silk not negligent in advice on lawsuit, judge says
Andrew Girgis 2023-04-05 12:53 pm By Sam Matthews Melbourne

A solicitor and a Sydney silk have been cleared of allegations they gave negligent advice in an action against a law firm, with a judge finding the barrister was “diligent, thorough, careful and ethical”.

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Moccona’s instant coffee jar trade mark should be cancelled, Vittoria says
Davies Collison Cave 2023-04-05 12:25 pm By Sam Matthews Melbourne

Moccona’s instant coffee jar shape trade mark should be cancelled because the mark is functional and can’t distinguish the company’s goods, the owner of coffee brand Vittoria argues in a trade mark infringement cross-claim.

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Bruce Lehrmann files defamation case against the ABC
ABC 2023-04-05 11:58 pm By Cat Fredenburgh

Former Liberal staffer Bruce Lehrmann has filed defamation proceedings against the ABC, the third such lawsuit he has brought after suing Ten and a News Corp Unit over publications airing the rape allegations of his former colleague Brittany Higgins.

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ASIC wins case against Linchpin Capital directors over $17M in client funds
ASIC 2023-04-04 3:51 pm By Cindy Cameronne Sydney

The Australian Securities and Investments Commission has won its case against four Linchpin Capital directors after a judge found they duped their clients into lining the directors’ pockets and benefitting the parent company.

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Court OKs walk-away settlement with former RCR Tomlinson directors
Class Actions 2023-04-05 11:40 pm By Cat Fredenburgh Melbourne

A judge has approved a walk-away settlement with two former directors of RCR Tomlinson in a shareholder class action against the failed engineering company.

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Judge calls out ‘ego and hubris’ in Murdoch defamation case
Clarissa Amato 2023-04-04 11:08 pm By Sam Matthews Melbourne

The judge overseeing a defamation action brought by Fox News CEO Lachlan Murdoch over a Crikey article that allegedly linked him to the January 6 riot on the US Capital has questioned the “scorched earth policy” taken by both sides.

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Class action seeks court OK to drop case after teleco contractor fails
Article 2023-04-04 5:26 pm By Christine Caulfield

The applicant in an underpayments class action against telecommunications contractor Tandem — which has been stayed since the company entered administration — has asked a court to abandon the case.

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Wealth guru Dominique Grubisa hits back at ACCC, says course claims ‘substantially true’
ACCC 2023-04-04 11:44 pm By Cindy Cameronne Sydney

Dominique Grubisa has denied the Australian Competition and Consumer Commission’s allegation that she misled consumers about her wealth management courses, arguing the claims that owners could sell their homes but retain equity were “substantially true”.

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Banksia class action silk’s wife offers $1.25M settlement
Class Actions 2023-04-03 11:42 pm By Christine Caulfield

Companies linked to the wife of the disgraced Banksia Securities class action silk Norman O’Bryan have offered $1.25 million to settle proceedings seeking to recover a $21.5 million judgment for defrauded investors.

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Philips class action discontinuance shines light on ‘gap in access to justice’, judge says
Andrew Broadfoot 2023-04-03 3:46 pm By Cindy Cameronne Sydney

A bid to drop a class action against Philips Electronics over recalled sleep apnea machines showed a gap in access to justice that was “very hard to fill” given the high cost of bringing large scale litigation, a judge has said.

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