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Lenders of collapsed Arrium lose appeal over directors’ loan drawdowns
Financial Services 2023-05-10 12:23 pm By Sam Matthews

Commonwealth Bank and other lenders of failed steel giant Arrium have lost a second attempt to put two of the company’s directors on the hook for alleged misleading representations on loan drawdown notices ahead of its $2.8 billion collapse.

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Judge says ‘serious harm’ test in defamation law could violate Judiciary Act
Defamation 2023-05-10 3:06 pm By Cindy Cameronne

A judge has questioned whether recent changes to defamation law requiring courts to determine if a publication has caused serious harm ahead of trial are invalid because of possible inconsistency with the Federal Court’s case management rules.

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Facial recognition platform Clearview broke privacy laws by scraping images, AAT says
Privacy & Cybersecurity 2023-05-10 2:35 pm By Sam Matthews

US facial recognition company Clearview breached Australian privacy laws by trawling the web for photos of Australians for use by law enforcement agencies, the Administrative Appeals Tribunal has found.

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Katy Perry shorts could ‘fall between the cracks’, designer tells court
Intellectual Property 2023-05-10 2:11 pm By Cindy Cameronne

US singer Katy Perry and an Australian fashion designer are at loggerheads over court orders to be made following a judge’s finding the pop star was liable for trade mark infringement, with concerns raised that Perry’s ‘Teenage Dream’ shorts could “fall between the cracks”. 

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State flags High Court appeal in hotel quarantine class action
Appeals 2023-05-09 11:10 pm By Sam Matthews

The state of Victoria has foreshadowed a High Court challenge in its fight to stay a class action over the 2020 hotel quarantine in light of criminal action, an appeal it said raised issues relating to the “increasing and regular prosecutions” of government and corporate entities over health and safety laws.

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Public housing residents to get $5M in COVID-19 lockdown class action settlement
Class Actions 2023-05-09 11:00 pm By Cat Fredenburgh

The state of Victoria has agreed to pay $5 million to settle a class action over a public housing lockdown during Melbourne’s second COVID-19 wave in July 2020.

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Optus fronts Competition Tribunal to warn about ‘troubling’ $1.8B Telstra, TPG deal
Competition & Consumer Protection 2023-05-09 11:36 pm By Cindy Cameronne

Telstra and TPG have asked the Competition Tribunal to undo the ACCC’s rejection of their proposed regional network sharing agreement, but fellow telco Optus has warned the deal would kneecap its ability to compete.

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High Court win for Qantas in outsourcing appeal would create ‘whack-a-mole’ legal right, TWU says
Appeals 2023-05-09 11:42 pm By Cat Fredenburgh

If Qantas triumphs in its High Court appeal of a ruling that found it violated the Fair Work Act when it outsourced ground crew at the peak of the COVID-19 pandemic, it would create a “whack-a-mole” legal right to terminate disadvantaged people, the Transport Workers Union has argued.

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Legal advice in spotlight as ASIC claims financial services firm diverted funds to limit penalty
Financial Services 2023-05-09 11:28 pm By Gareth Baker

A court has appointed a referee to examine whether a law firm’s communications with Golden Financial furthered a plan by the financial advisory firm to divert assets to minimise a penalty sought by the corporate regulator in the first case alleging a breach of the so-called best interest duty.

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Tinkler case against Mach Energy dismissed after security for costs goes unpaid
Employment 2023-05-09 4:09 pm By Christine Caulfield

A lawsuit by the companies of mining executive Nathan Tinkler against MACH Energy alleging misuse of confidential information has been tossed after the deadline for paying security for costs came and went.

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