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Correcting the record – litigation funding and returns to group members in funded class actions
Class Actions 2020-06-15 2:49 pm By WP Creative

Much of the criticism of the ligitaion funding industry being played out in the media recently is based on misinformation, says Andrew Saker of Omni Bridgeway.

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ASIC takes action against Societe Generale for lax handling of client money
Article 2020-06-15 12:48 pm By Cat Fredenburgh Melbourne

ASIC has slapped an Australian unit of French investment bank Société Générale with additional licence conditions for failing to comply with its obligations for handling client money over a near four-year period.

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Lawyers want virtual hearings to stay in a post-COVID world
Ashurst 2020-06-10 12:45 pm By Miklos Bolza Sydney

Restrictions to combat COVID-19 that forced Australia’s courts to go virtual have had unforseen benefits, and Australia’s top law firms say they don’t want online hearings to be scrapped when social distancing measures are eased.

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Bupa drops lawsuit against aged care regulator on the heels of $6M penalty
ACCC 2020-06-03 5:38 pm By Cat Fredenburgh

Bupa Aged Care has dropped a lawsuit challenging a directive by the Aged Care Quality and Safety Commission that it claimed overlapped with proceedings brought by the ACCC in which it was recently ordered to pay a $6 million penalty.

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What the new normal will look like for lawyers as firms reopen doors
Business of Law 2020-06-02 5:50 pm By Miklos Bolza Sydney

The reopening of law firm offices in Melbourne and Sydney may still be months away but firms have given Lawyerly a glimpse of what it might look like when staff do return to the office, from split workforces to strictly enforced health and safety rules. One thing is for sure, COVID-19 has changed the way lawyers will work from now on.

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Technology: The key to the future of class actions
Class Actions 2020-06-02 4:10 pm By Cat Fredenburgh

Seismic changes are set to lead to fundamental changes in the economic feasibility and incentives of the various stakeholders involved. The option to charge contingency fees on class actions will provide the commercial imperative for adopting tried and tested advanced technologies and working practices on class action matters, says James Moeskops of Sky Discovery.

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Rokt shows innovation in computer tech needed to cross patentability threshold
Bird & Bird 2020-05-29 8:38 pm By Christine Caulfield

In its recent decision, the Federal Court has confirmed that schemes are not patentable merely because they are “new and ingenious” and are implemented using a computer. While the door is not completely closed on computer implemented schemes, the patentability threshold will never be passed unless there is some innovation in the computer technology, says Jane Owen and Rebecca Currey of Bird & Bird.

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Ex-McCabe Curwood lawyer ordered to pay legal bill after ‘incompetent’ appeal
Acting Justice Carolyn Simpson 2020-05-26 4:29 pm By Miklos Bolza Sydney

A former solicitor with McCabe Curwood has lost his attempt to overturn an order that he pay $36,000 in costs to his former employer, after an appeals court found that his challenge was “incompetent”.

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The write way to success: Barristers’ top tips for winning written submissions
Business of Law 2020-05-26 2:20 pm By Miklos Bolza Sydney

With COVID-19 forcing courts to deal with more matters on the papers, written submissions are more important than ever and must be carefully crafted to assist the court while offering clients the best chance of success, barristers told Lawyerly.

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VW carve-out settlement may become more popular as class action scrutiny heats up
Adam Hochroth 2020-05-25 8:24 pm By Christine Caulfield Melbourne

The settlement arrangement resolving five class actions against Volkswagen, which carved out hefty legal fees from the $120 million payout to drivers, could become more prevalent as the spotlight is once again trained on the cost of class actions. But the approach is not without controversy, experts say.

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