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Judge finds Spain not immune from enforcement of $375M arbitration awards
Arbitration 2021-02-02 5:10 pm By Miklos Bolza

The Full Federal Court has granted a limited appeal in the Kingdom of Spain’s challenge to a judgment enforcing a $375 million arbitration award over two renewable energy investments, ordering a redrafting of the primary judge’s orders but rejecting claims that Spain was immune as a foreign state from enforcement of the award.

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Judge was wrong to ignore pelvic mesh doctors, J&J says in high-stakes appeal
Appeals 2021-02-01 6:53 pm By Miklos Bolza

The judge who found J&J’s pelvic mesh implants defective in a high stakes class action ruling mde a “pervasive error” in disregarding the knowledge and views of the applicants’ doctors, an appeals court has heard. 

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JPMorgan seeks to shield interview docs in ANZ cartel case
Competition & Consumer Protection 2021-01-27 9:21 pm By Spencer Fowler Steen

While a Federal Court judge recently promised to advance a long-running criminal cartel case against several investment banks and individuals over a $2.5 billion ANZ share placement, a separate judge will soon hear a privilege dispute over documents from whistleblower JPMorgan that promises to further delay the case.

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Law firms circle insurers over COVID-19 business interruption claims
Class Actions 2021-01-15 2:08 pm By Miklos Bolza

At least five law firms are investigating lawsuits, including class action proceedings, in the wake of a landmark test case on COVID-19 exclusions for business interruption cover.

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Whistleblower laws don’t apply retrospectively, judge says in ANZ bank trader’s case
Employment 2020-12-11 5:50 pm By Cat Fredenburgh

A judge has thrown out the portion of a lawsuit brought by an ANZ trader who was sacked in 2015 that was brought under enhanced whistleblower protections that took effect in 2019, saying the civil remedy provisions do not apply retrospectively.

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High Court to hear challenge to landmark ruling on casual workers’ rights
High Court 2020-11-26 1:39 pm By Cat Fredenburgh

The High Court has granted special leave to labour hire company WorkPac to challenge a Full Court judgment that granted entitlements to casual workers with regular shifts.

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Former prosecutor in Victoria OPP’s sex offences unit loses appeal in PTSD case
Employment 2020-11-24 9:50 pm By Christine Caulfield

An appeals court has overturned a $435,000 win for solicitor Zagi Kozarov, a former prosecutor in the Victorian Office of Public Prosecutions specialist sexual offences unit, in her case blaming her working conditions for her severe post-traumatic stress disorder and depression.

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‘An order that has never been made before’: Judge preps for contingency fee hearing
Class Actions 2020-11-19 5:02 pm By Miklos Bolza

A Victoria Supreme Court judge hearing two competing class actions against Allianz Australia over “junk” insurance has asked the parties for feedback on what she should consider at a hearing on a request for a group costs order, which would allow the plaintiff lawyers to earn a cut of any settlement or judgment, the first such request made since Victoria legalised contingency fees.

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Insurers lose COVID-19 business interruption test case
Insurance 2020-11-18 11:31 pm By Cat Fredenburgh

Insurers will face a flood of pandemic-related claims after an appeals court ruled in a test case brought by the Insurance Council that certain infectious disease exclusions in business interruption cover do not apply to coronavirus-related claims.

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COVID-19 lockdown challenge tossed by High Court
High Court 2020-11-06 11:39 pm By Christine Caulfield

The High Court has unanimously rejected a constitutional challenge against the Victorian government over its COVID-19 lockdown measures.

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