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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 lawyer’s belief she did not owe any wages was “unreasoned and unreasonable”. 

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Victoria’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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‘Don’t you want to know who you’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 applicant’s opposition to soft class closure in a class action accusing five major banks of rate-rigging, a measure the banks say could save “tens of millions” in legal expenses. 

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ICAC’s findings against Berejiklian based on ‘depressing view of human life’, 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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AGL Energy class action to be discontinued after search for new funder fails
Class Actions 2024-02-26 5:32 pm By Cat Fredenburgh

The applicant in a competition class action against AGL Energy has failed to find another funder to back the case after the original funder that bankrolled the case withdrew its support.

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7-Eleven class action funder’s $12M cut seemed ‘plainly too little’, says appeals judge
Appeals 2024-02-23 4:21 pm By Cindy Cameronne

A judge hearing an appeal by a funder over its cut of a $98 million settlement in franchisee class actions against 7-Eleven has said the $12 million commission was “plainly too little”, and questioned if the class action judge had been “stuck” on the idea that common fund orders are bad. 

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Class action judge ‘very concerned’ that QBE told brokers they could ignore court request
Class Actions 2024-02-23 3:55 pm By Sam Matthews

A judge has railed against insurer QBE after it sent an email to brokers saying it could “in effect ignore” the court’s request that they notify clients about a class action on behalf of businesses that were denied business interruption coverage for COVID-19 related shutdowns. 

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Bingo, Aussie Skips hit with $33.5M in cartel penalties, CEOs get community service
Competition & Consumer Protection 2024-02-23 12:52 pm By Sam Matthews

A judge has sentenced the former CEO of Bingo Industries to two years’ imprisonment to be served in the community and imposed $30 million in penalties against the waste company for a cartel arrangement with rival Aussie Skips, which copped fines of $3.5 million and an 18 month’ intensive corrections order for its boss. 

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