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Class action’s bid for ‘invasive’ search of Merivale’s payroll data fails
Class Actions 2022-03-31 12:42 pm By Cindy Cameronne

A judge has denied an “invasive” bid to search hospitality giant Merivale’s payroll systems ahead of an upcoming mediation in a $129 million underpayment class action covering 13,500 employees.

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Judge says vaccine lawsuit against Monash Health was not ‘doomed to fail’
COVID-19 2022-03-31 7:06 pm By Sam Matthews

A judge has declined to award costs against a group of nurses who recently dropped their Fair Work lawsuit against Monash Health, saying the case was not “doomed to fail” and noting the “extremity” of the Victorian government’s vaccine mandate for workers.

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High Court won’t hear ALP members’ challenge to federal takeover of election
High Court 2022-03-31 10:49 pm By Cat Fredenburgh

The High Court has declined special leave to members of the Victorian Labor party to challenge a judge’s finding that the pre-selection of ALP candidates in Victorian electorates by federal administrators during their takeover of the state party was lawful.

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7-Eleven class action lawyer accused of retaliation, deliberate late billing
Class Actions 2022-03-30 9:39 pm By Cindy Cameronne

A solicitor running two franchisee class actions against 7-Eleven “retaliated” against a group member who objected to a $98 million settlement and issued a late $6.5 million legal bill to benefit a litigation funder, a court has heard.

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Silk for Deutsche Bank in failed ACCC case elevated to NSW Court of Appeal
Courts 2022-03-30 5:01 pm By Christine Caulfield

The senior counsel for Deutsche Bank in its sucessful defence against the ACCC’s landmark cartel case is one of three new judicial appointments in NSW.

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Opal Tower engineer takes insurers to court over class action coverage
Insurance 2022-03-30 1:50 pm By Cat Fredenburgh

The structural engineer behind Sydney’s Opal Tower has taken builder Icon’s insurers to court, arguing they should cover its costs in a class action brought on behalf of residents of the ill-fated building and related litigation.

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Romeo’s class action settlement issues put approval in doubt, judge says
Class Actions 2022-03-30 6:52 pm By Christine Caulfield

Questions raised about the structure of a settlement of two wage class actions against supermarket chain Romeo’s don’t just threaten to reduce the law firm’s costs but could derail the whole agreement, a judge has said.

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Biotechs Gen-Probe, Beckman Coulter settle spat over ‘Access’ trade marks
Intellectual Property 2022-03-30 10:01 pm By Miklos Bolza

The Federal Court has signed off on a settlement between two US biotech companies that ends a dispute over the companies’ ‘Access’ trade marks in Australia.

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Contradictor backs $98M class action settlement given 7-Eleven’s ‘significant’ risk of losing at trial
Class Actions 2022-03-29 10:20 pm By Cindy Cameronne

A $98 million settlement reached in two franchisee class actions against 7-Eleven is “appropriate” given the likelihood that the convenience store giant would have lost at trial, according to a contradictor who urged the court to reject a $25 million cut sought by the funder that backed the litigation.

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Airbags class action judge failed to grapple with ‘unknowable’ explosion risk, appeals court hears
Class Actions 2022-03-29 11:01 pm By Sam Matthews

The plaintiff in a class action against Volkswagen over allegedly deadly Takata airbags has told an appeals court his case was misunderstood by the trial judge, who found he failed to prove that cars fitted with the airbags were not of acceptable quality.

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