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Ultra Tune founder’s ex could raise ‘Bart Simpson defence’ to contempt charge, judge says
Automotive 2021-05-12 2:37 pm By Miklos Bolza

The former girlfriend of Ultra Tune founder Sean Buckley is facing a contempt charge for allegedly sending secret recordings to two individuals despite a court injunction, with a judge saying she could raise what he called a ‘Bart Simpson defence’ in denying the alleged conduct.

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Judge won’t keep sales figures confidential in epic Cargill, Viterra battle
Corporate 2021-05-11 3:55 pm By Miklos Bolza

A Victoria Supreme Court judge has rejected a post-trial bid to keep details of the 2019 sale of Cargill’s malt business under wraps in a long-running case over Viterra’s $420 million sale of its Joe White business, finding the move would be contrary to the principles of open justice where no harm from disclosure had been demonstrated.

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Lawyer must pay costs for appeal that should never have been filed, Full Court says
Employment 2021-05-11 2:53 pm By Christine Caulfield

An employment solicitor representing a sacked Jetstar pilot must pay the airline’s legal costs in defending an appeal application “that ought never to have been made”, an appeals court has found.

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Appeals court clarifies peak indebtedness rule in partial win for Gunns creditor
Restructuring & Insolvency 2021-05-11 12:57 pm By Miklos Bolza

An unsecured creditor of collapsed forestry giant Gunns Group has partially succeeded on appeal of a judgment that ordered repayment of $2 million that Gunns had transferred in 2021 despite trading while insolvent.

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Vic Solar hit with $3M penalty for consumer law violations
Competition & Consumer Protection 2021-05-10 10:10 pm By Cindy Cameronne

A judge has hit solar panel supplier Vic Solar with a $3 million penalty for breaching the consumer law by making misleading representations in thousands of door-to-door sales of solar panels.

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Judge throws out part of challenge to India travel ban
COVID-19 2021-05-10 9:49 pm By Cindy Cameronne

A judge has dismissed part of a legal challenge to the Morrison government’s ban on Australians travelling home from India during a devastating surge in coronavirus cases in the country, finding the health minister did exceed his powers in instituting the ban.

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Quintis class action settlement to drag on with insurers’ appeal
Appeals 2021-05-10 5:03 pm By Cat Fredenburgh

Two insurers have appealed a ruling that could provide a further $11.25 million to group members in a class action against sandalwood producer Quintis, further delaying finalisation of a settlement reached in the group proceeding over a year ago.

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HWL Ebsworth forced to hand over client file notes to ANZ whistleblower
Business of Law 2021-05-10 4:48 pm By Miklos Bolza

HWL Ebsworth has been ordered to hand over file notes to a former client and whistleblower suing ANZ for unfair dismissal, with a judge rejecting the law firm’s argument that the notes were created solely for the benefit of the junior solicitor taking them.

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Judge slams Monsanto’s ‘highly unsatisfactory’ behaviour in Roundup class action
Class Actions 2021-05-10 4:27 pm By Miklos Bolza

A judge has criticised agricultural giant Monsanto for its “highly unsatisfactory” conduct in ignoring court orders in a class action over its allegedly cancer-causing Roundup pesticides.

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$112M Robodebt class action settlement has ‘bigger set of losers’ than normal, court hears
Class Actions 2021-05-07 10:12 pm By Miklos Bolza

A court-appointed contradictor has asked for changes to a $112 million settlement in the Robodebt class action against the federal government, saying it is unfair that some group members won’t receive financial compensation from the settlement, which had a “bigger set of losers” than normal.

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