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In win for ACCC, Full Court says vulnerability not essential to proving unconscionable conduct
Appeals 2021-03-22 1:39 pm By Miklos Bolza

The Full Federal Court has ruled that unconscionable conduct under the Australian Consumer Law is not confined to exploitation of vulnerable parties, in an “extremely significant” judgment that will extend the reach of the unconscionable conduct provisions and protect a wider swathe of consumers.

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Judge wants lawyer’s view on funding commission before approving $50M Vocation settlement
Class Actions 2021-03-22 11:46 am By Christine Caulfield

The judge considering the $50 million settlement reached in the shareholder class action against failed training company Vocation and auditor PricewaterhouseCoopers has signalled his likely approval of the deal, but wants a senior lawyer to tell the court why the funding commission is reasonable.

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Qantas dispute with exec that jumped ship to Virgin to be heard in Singapore
Employment 2021-03-19 11:09 pm By Cat Fredenburgh

A judge has ruled a legal stoush between Qantas and former executive Nick Rohrlach over his defection to competitor Virgin Australia should be heard in Singapore because it falls under an exclusive jurisdiction clause in his employment agreement.

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Potential class action against defunct fund manager Blue Sky gets major boost
Securities 2021-03-19 10:42 pm By Christine Caulfield

A law firm may soon have more ammunition to back a potential shareholder class action against Blue Sky Alternative Investments, its former directors and auditor Ernst & Young.

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Indonesian seaweed farmers win class action over major oil spill
Class Actions 2021-03-19 10:13 pm By Cat Fredenburgh

Thousands of Indonesian seaweed farmers have won a class action against PTTEP Australasia over one of Australia’s largest oil spills, with a judge finding the oil exploration company breached its duty of care to the farmers and damaged their livelihoods.

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Daily Mail to use Footy Show segment in Erin Molan defamation fight
Defamation 2021-03-19 10:07 pm By Cindy Cameronne

The Daily Mail wants to question sports presenter Erin Molan over a segment on Nine’s The Footy Show four years ago in which she laughed at an off-colour joke, as part of the publisher’s truth defence to Molan’s claims that she has been falsely labelled a racist.

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Big Jack dispute between McDonald’s, Hungry Jack’s heats up after mediation fails
Intellectual Property 2021-03-19 7:24 pm By Cindy Cameronne

A dispute is cooking over Hungry Jack’s claim its Big Jack burger has 25 per cent more Aussie beef than the Big Mac, with McDonald’s saying it has tested the statement and found the Big Jack weighs less than its rival when cooked.

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JPMorgan wants to have its cake and eat it too in ANZ cartel case, court hears
Competition & Consumer Protection 2021-03-19 7:04 pm By Miklos Bolza

Whistleblower JPMorgan can’t be a witness in a criminal cartel case over a $2.5 billion ANZ share placement that has ensnared several investment banks and top executives and claim privilege over witness statements relevant to the case, a court has heard.

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Injunction granted in branch stacking case against Labor MP
Policy and Regulation 2021-03-19 4:30 pm By Cat Fredenburgh

Victorian Labor MP Marlene Kairouz has won an injunction temporarily blocking the Labor Party from bringing branch stacking charges against her.

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Silk in ASIC cases against Rio Tinto, GetSwift appointed to Federal Court
People In The News 2021-03-19 1:52 pm By Cat Fredenburgh

The Acting Attorney-General has made two appointments to the Federal Court, including the barrister representing ASIC in its high-stakes cases against Rio Tinto and GetSwift.

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