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Lawyers can lose focus on clients’ interests in competing class actions, court says
Adam Hochroth 2023-06-30 5:29 pm By Cindy Cameronne Sydney

A judge has cautioned two law firms running competing shareholder class actions over last October’s cyber attack on Medibank that they must keep their focus on the best interests of clients and group members, saying lawyers can lose sight of that duty when arguing for their case. 

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Banknote maker prevails again in challenge to rival’s security device patent
Allens Patent & Trademark Attorneys 2023-06-30 5:19 pm By Gareth Baker Sydney

Australian banknote manufacturer CCL Secure has succeeded a second time in opposing a patent application by British rival De La Rue International for banknote security technology.

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Subpoenas need only seek relevant, not case-advancing, info: appeals court
ATO 2023-06-30 4:07 pm By Sam Matthews Melbourne

A self-represented litigant locked in a legal battle with the ATO and Commonwealth Director of Public Prosecutions has won an appeal of a decision that set aside nine subpoenas she issued, including one to the Assistant Director of the CDPP, with the appeals court finding that the relevance of the evidence sought was enough to satisfy the application.

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Judge wants more evidence for law firm’s 30% cut in IAG class action
Adam Hochroth 2023-06-30 3:40 pm By Sam Matthews Melbourne

A judge overseeing a shareholder class action against Insurance Australia Group says more evidence is needed to back the applicant’s bid for an order giving lawyers 30 per cent of any recoveries.

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Bruck Textile bigwigs to stand trial on charges over unpaid redundancies
ASIC 2023-06-30 1:25 pm By Gareth Baker Sydney

Executives of collapsed Bruck Textile Technologies have been committed to stand trial on charges alleging they schemed their way out of making more than $3 million in redundancy payments to their 58 employees. 

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Misconduct exception doesn’t apply in Uber class action privilege fight
Alexia Staker 2023-06-30 11:52 am By Sam Matthews Melbourne

In the latest skirmish over documents in two class actions, Uber has mostly won a bid to shield almost 150 documents on the grounds of privilege, with a judge finding the misconduct exception that has previously bedevilled the rideshare giant did not apply.

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Transurban bid for Horizon Roads stake raises competition concerns
ACCC 2023-06-29 11:21 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has expressed concerns that Transurban’s plan to acquire a majority stake in fellow toll road operator Horizon Roads will hinder competition for future toll road projects.

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Class action slams Carnival’s ‘bizarre’ bid for law firm’s strategy docs
Carnival 2023-06-29 11:00 pm By Gareth Baker Sydney

A Shine Lawyers class action over norovirus outbreaks on Carnival’s Sun Princess cruise ship has called an attempt to see documents outlining its strategy for the case “abusive” and “bizarre”, as the cruise operator continues its fight to have the suit struck out. 

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HWL Ebsworth’s claim of exhausted discovery in partner spat ‘puzzling’, judge says
Ben Hancock 2023-06-29 10:47 pm By Gareth Baker Sydney

A judge has criticised HWL Ebsworth’s discovery efforts and ordered the law firm to try again in the firm’s dispute with a former partner claiming the company cut him out of a proposed ASX float in 2020. 

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Lawyers for TPG-backed Anew Climate taken to task for writ failure
Energy & Natural Resources 2023-06-29 9:53 pm By Sam Matthews Melbourne

A judge has rejected TPG-owned Anew Climate’s bid for default judgment against an Australian company that allegedly impersonated a US carbon offset developer in order to unlawfully receive payments under a $1 billion deal, saying “it’s not hard” to make the application under the correct rule.

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