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ASIC wins appeal over funeral insurer’s ‘Aboriginal-owned’ representations
Appeals 2024-02-29 11:18 pm By Cat Fredenburgh

The Full Federal Court has found it was “abundantly clear” on the evidence before a trial judge that funeral expenses insurance provider ACBG misrepresented to Aboriginal customers that it was Aboriginal owned or managed, but found ASIC contributed to the error with its bad pleadings.

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Queensland court finds COVID-19 vaccine directive unlawful
COVID-19 2024-02-28 5:28 pm By Cindy Cameronne

The Supreme Court of Queensland has found that a 2021 direction for police officers to receive the COVID-19 vaccination was unlawful and a similar mandate for ambulance service workers had no effect.

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Appeal dropped in first junior doctors class action to go to trial
Class Actions 2024-02-28 11:31 pm By Christine Caulfield

Victoria’s Peninsula Health has abandoned an appeal of a ruling in a class action that found it breached workplace laws by failing to pay overtime to a junior doctor, a capitulation that could be a game changer for a series of class actions against health care providers.

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Judge orders soft class closure in ‘junk’ insurance class action
Class Actions 2024-02-28 10:40 pm By Cat Fredenburgh

A judge has ordered soft class closure in a class action against Suncorp unit AAI over allegedly worthless insurance, saying that knowing how many of the 200,000 group members are likely to participate would assist in resolving the case.

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Lawyer’s belief about paralegal underpayments ‘unreasonable’, judge finds
Employment 2024-02-28 5:19 pm By Cindy Cameronne

A Sydney law firm and its principal have been fined $14,400 for disobeying a Fair Work Ombudsman compliance notice issued for the alleged underpayment of a paralegal, with a judge saying the lawyerā€™s belief she did not owe any wages was ā€œunreasoned and unreasonableā€.Ā 

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Victoriaā€™s approach to carriage fights better than Federal Court, says judge
Class Actions 2024-02-27 5:22 pm By Cindy Cameronne

A judge overseeing an appeal in a carriage dispute in a class action against Jaguar Land Rover over allegedly defective diesel filters has said he prefers the approach of the Supreme Court of Victoria to such fights, saying firms should not revise their bids multiple times.

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‘So what?’ Judge says rate-rigging class action can’t impose views on registration
Class Actions 2024-02-27 9:58 pm By Cat Fredenburgh

A judge has ordered soft class closure ahead of mediation in a class action against five major banks over alleged foreign exchange rate-rigging, saying the applicant’s subjective view on what will assist mediation should not be imposed on the banks.

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Italian food hall Mercato Centrale defeats trade mark infringement case by 50-year-old deli
Intellectual Property 2024-02-27 11:18 pm By Christine Caulfield

The proprietors of a family-owned Adelaide deli selling imported food for the past 50 years have lost a trade mark lawsuit targeting Eddie Muto’s Il Mercato Centrale — the sprawling Italian market expected to open its first Australian location in Collins St, Melbourne this year.

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‘Donā€™t you want to know who youā€™re acting for?’: Judge probes applicant in rate-rigging class action
Class Actions 2024-02-26 4:33 pm By Sam Matthews

A judge has questioned the applicantā€™s opposition to soft class closure in a class action accusing five major banks of rate-rigging, a measure the banks say could save ā€œtens of millionsā€ in legal expenses.Ā 

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ICAC’s findings against Berejiklian based on ā€˜depressing view of human lifeā€™, court told
Appeals 2024-02-26 11:17 pm By Cindy Cameronne

Appealing findings of serious corrupt conduct over her award of state funds to the district of then boyfriend and member of parliament Daryl Maguire, former NSW premier Gladys Berejiklian has told a court politicians can have “personal attachments” while still acting in the public interest.

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