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Djab Wurrung ‘directions’ trees at Victorian highway upgrade site win temporary protection
Anna Robertson 2020-12-03 10:59 pm By Christine Caulfield

A judge has issued a temporary injunction stopping roadworks along the Buangor and Ararat stretch of the Western Highway improvement project in Victoria ahead of a trial over the cultural significance of the area for its traditional owners.

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Banksia funder’s son says threat to scrap $64M class action settlement ‘didn’t feel right’
Andrew Palmer 2020-12-03 5:45 pm By Christine Caulfield

The son of Banksia Securities class action funder Mark Elliott questioned his father on whether it was “right” to rip up a $64 million settlement with the collapsed lender’s trustee if the deal didn’t guarantee him a $12.8 million commission, a court has heard.

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Brisbane cafe fined for paying workers in food and drink
Employment 2020-12-03 5:39 pm By Cat Fredenburgh

The Fair Work Ombudsman has won nearly $140,000 in penalties against a Brisbane cafe and its owners for paying workers partly in food and drink over the course of six months.

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Destroying notes was ‘standard practice’, Norton Rose partner tells court
Charles Street 2020-12-03 5:09 pm By Miklos Bolza

An employment partner at Norton Rose Fulbright has defended his destruction of notes following an internal investigation into allegations of bullying at the law firm, telling a Federal Circuit Court judge that this was “standard practice”.

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Court grants Wyeth injunction in Prevnar 13 patent dispute
Allens 2020-12-03 4:53 pm By Cat Fredenburgh

A judge has enjoined Merck Sharpe and Dohme from launching its 15-valent pneumococcal conjugate vaccine after finding it would infringe claims of a Wyeth patent for its Prevnar 13 vaccine, despite MSD’s argument that barring it from launching the vaccine would be contrary to the public interest.

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Mark Elliott’s son admits postdating cheques to Banksia lawyers ‘doesn’t look good’
Andrew Palmer 2020-12-02 11:12 pm By Christine Caulfield

Lawyer Alex Elliott has told a judge he didn’t know when he postdated cheques for members of the Banksia class action legal team that it was done to mislead the appeals court in the case, but has admitted that in hindsight “it doesn’t look good”.

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Elaine Stead says AFR articles were ‘death knell’ for her career
Banki Haddock Fiora 2020-12-02 10:51 pm By Miklos Bolza

Venture capitalist Dr Elaine Stead has taken the stand in a high-profile defamation case against the Nine-owned Fairfax, saying that she felt “shame, embarrassment, humiliation and guilt” over two allegedly defamatory Australian Financial Review articles about her role in the collapsed investment firm Blue Sky.

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Labor fails to sink new litigation funding regulations
Class Actions 2020-12-02 10:33 pm By Cat Fredenburgh

The Labor party has come up short in its effort to torpedo new regulations requiring litigation funders to hold a financial services licence and register class actions as managed investment schemes.

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Norton Rose partner destroyed evidence in Fair Work case, court told
Employment 2020-12-02 9:18 pm By Christine Caulfield

An employment partner with Norton Rose Fulbright, who has been referred by a judge to the legal watchdog for possible professional misconduct in a case by a former colleague, is under scrutiny in a second Fair Work suit, this time for allegedly destroying evidence.

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ACCC wins promise from Toyota to step up consumer compliance
ACCC 2020-12-02 3:59 pm By Spencer Fowler Steen

Car giant Toyota, which is facing a class action over allegedly faulty diesel particulate filters in some of its vehicles, has agreed to step up its compliance with consumer laws, including how it communicates with car owners about mechanical issues.

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