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High Court grants Western Power special leave in bushfire class action
High Court 2022-03-22 2:17 pm By Miklos Bolza

The High Court will hear a challenge by Western Power to an appeals court judgment which found that the state-owned electricity supplier breached its duty of care to inspect power poles on private land and was partly liable for property damage from the 2014 Perth Hills bushfire.

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‘Dangerous nature of loan’ enough to find lenders acted unconscionably, High Court says
Financial Services 2022-03-17 10:01 pm By Miklos Bolza

The High Court has found that three asset-based lenders behaved unconscionably when they enforced thir rights under a $1.2 million loan made to a vulnerable consumer secured by a mortgage over his properties.

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No duty of care owed to kids by environment minister, Full Court rules
Environment 2022-03-15 10:45 am By Christine Caulfield

The Full Federal Court has overturned a historic judgment that found the federal minister for the environment owed a duty of care to Australians under 18 to protect them from ‘catastrophic’ harm caused by the approval of the Vickery coal mine expansion.

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Facebook takes fight over Cambridge Analytica case to High Court
High Court 2022-03-14 2:17 pm By Miklos Bolza

Facebook has filed an application with the High Court seeking to overturn a judgment that found it can be sued in Australia for alleged privacy violations over the Cambridge Analytica scandal.

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ASIC drops most claims against Rio Tinto over $5.8B acquisition
Securities 2022-02-28 1:31 pm By Miklos Bolza

The Australian Securities and Investments Commission has dropped all but one claim against Rio Tinto in a four-year-long case over disclosures related to its troubled $5.8 billion acquisition of a Mozambique coal mining business and abandoned all claims against the mining giant’s former CEO and CFO.

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Qantas decision to outsource staff not linked to strike action threat, court told
Employment 2022-02-24 10:22 pm By Miklos Bolza

A decision by Qantas to outsource its ground staff was not timed to head off industrial action by the Transport Workers’ Union, the Full Federal Court has heard as the airline seeks to overturn a finding that it engaged in adverse action when it terminated around 1,800 employees last year.

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ACCC faces tough questions in appeal of NSW Ports competition case
Competition & Consumer Protection 2022-02-17 2:15 pm By Christine Caulfield

An appeals court grilled counsel for the ACCC on the first day of a hearing challenging the dismissal of its case over a NSW government deal to privatise two ports, calling on the lawyer to spell out how the state was alleged to be in competition with the consortium that took over the ports.

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High Court says class action shareholders can quiz directors of failed companies
Restructuring & Insolvency 2022-02-16 10:27 am By Christine Caulfield

In a boost to securities class actions, the High Court has ruled that directors of collapsed companies can be subjected to public examination by shareholders wanting to bring civil proceedings.

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CBA class action preps for class closure nod from Full Court
Class Actions 2022-02-16 12:52 pm By Cat Fredenburgh

Lawyers leading a class action against the Commonwealth Bank over its alleged money laundering compliance failures are getting their ducks in a row in the event the Full Court rules the court has the power to shut out unregistered group members from a class action.

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Rio Tinto to cop penalty in ASIC case over failed $5.8B acquisition
Energy & Natural Resources 2022-02-11 11:37 pm By Cat Fredenburgh

Rio Tinto will face a penalty in proceedings brought by the Australian Securities and Investments Commission alleging the mining giant misled shareholders about the resources of a Mozambique mining company it acquired for $5.8 billion in 2011 and later offloaded for $70 million.

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