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Union test cases ‘don’t make much sense in 2023′, says judge in Qantas spat
Employment 2023-12-05 11:54 pm By Cindy Cameronne

A judge has admonished the Transport Workers Union for relying on test cases to decide compensation for 1,700 ground crew who were sacked during the COVID-19 pandemic, saying it should instead bring a class action.

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KPMG asks High Court again to hear class action transfer fight
Class Actions 2023-11-22 11:25 pm By Christine Caulfield

Accounting firm KPMG has asked the High Court for a second time to weigh in on the relevance of a contingency fee order made in a Victoria Supreme Court class action to its bid to transfer the case to NSW.

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High Court won’t weigh in on spat between Probuild, Allianz over development bonds
Construction 2023-11-20 11:52 pm By Christine Caulfield

Probuild Constructions has failed in its special leave application to the High Court, which sought to challenge a ruling that it held $7.7 million in trust for insurer Allianz under a deed of indemnity in connection with the development of West Side Place in Spencer St, Melbourne.

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Ford scores partial win in class action appeal over defective PowerShift transmissions
Class Actions 2023-11-14 1:41 pm By Cat Fredenburgh

US car giant Ford has partially succeeded in its challenge to a judgment that found it owed more than $6,800 to the lead applicant in a class action over defective PowerShift transmissions, but the High Court may ultimately decide how damages should be calculated under the Australian Consumer Law for reduction in value.

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India may take ruling over foreign state immunity waiver to High Court
Arbitration 2023-11-10 11:03 am By Sam Matthews

The government of India has flagged a possible special leave application if it loses its appeal of a decision finding it can’t avoid a $111.3 million arbitral award in a dispute with three Mauritian companies that invested in Indian satellites because it waived its foreign state immunity.

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GCOs can’t travel to NSW, appeals court says in Arrium class action
Class Actions 2023-10-26 12:41 pm By Cindy Cameronne

KPMG has lost the latest round in its fight to transfer a class action over the collapse of steel giant Arrium from Victoria to NSW, with an appeals court finding that a group costs order made in the case could not travel across the border.

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India can’t avoid $111.3M arbitral award over aerospace investments
Arbitration 2023-10-24 4:16 pm By Cindy Cameronne

The Indian government has lost its bid to dodge a $111.3 million arbitral award in a dispute with three Mauritian companies that invested in Indian satellites, with a judge finging the country waived its foreign state immunity. 

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BHP says investors from secondary platforms can’t be in class action
Class Actions 2023-10-18 3:18 pm By Cindy Cameronne

BHP has argued that investors who bought shares through secondary platforms are excluded from a long-running shareholder class action over a failed Brazilian dam, a claim slammed as an “unduly narrow reading” of the case.

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Judge in Qantas case questions why unions don’t file class actions
Employment 2023-09-20 1:31 pm By Cindy Cameronne

A judge has asked why the union representing Qantas workers did not bring a class action on behalf of 1,700 ground crew who were sacked during the COVID-19 pandemic, as he ordered the airline’s new CEO to attend settlement talks after losing its High Court appeal.

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High Court to rule on reach of workplace law in high-stakes Qantas case
Appeals 2023-09-12 11:49 pm By Christine Caulfield

The High Court will deliver judgment Wednesday in an appeal by Qantas over its decision to sack its ground crew at the height of COVID-19, a ruling that could determine the scope of adverse action protections under the Fair Work Act.

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