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Judge tosses One Nation staffer’s claims against gov’t in Brian Burston sexual harassment case
Employment 2021-03-05 5:39 pm By Cat Fredenburgh

A judge has dismissed claims brought by a former One Nation staffer against the federal government accusing it of being liable for former senator Brian Burston’s alleged sexual harassment, finding that the terms of her unfair dismissal settlement barred her from bringing sexual harassment allegations againt the Commonwealth.

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Irate judge says lawyers should personally face costs for signing off on deficient cases
Employment 2021-03-05 4:55 pm By Christine Caulfield

Certification of pleadings in legal action is not a formality that needs to be “ticked off”, and solicitors who put their signature to improperly pleaded cases should face adverse costs, an irritated appeals judge has said.

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Avoiding ‘dangers’ of GetSwift approach, judge will jointly hear class actions over Slater & Gordon advice
Class Actions 2021-03-05 3:46 pm By Miklos Bolza

The judge overseeing two class actions over legal and accounting advice given ahead of Slater & Gordon’s disastrous Quindell acquisition has said he will hear the cases together, citing the “dangers” of the approach taken in litigation against GetSwift, which resulted in a judge being ordered to step down.

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Johnson & Johnson unit loses high-stakes appeal in pelvic mesh class action
Appeals 2021-03-05 11:34 am By Miklos Bolza

The Full Federal Court has tossed an appeal by Johnson & Johnson unit Ethicon challenging a landmark decision that put it on the hook for paying damages to 10,000 women who suffered injury through defects in its prolapse mesh and incontinence tape implants.

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GetSwift wins appeal bid to disqualify judge from class action
Appeals 2021-03-05 10:38 am By Spencer Fowler Steen

GetSwift has triumphed in its bid to disqualify a judge who refused to recuse himself from hearing a shareholder class action against the logistics software company after presiding over ASIC’s civil penalty proceeding against the company.

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Crown to face first ever oppressive conduct claims in shareholder class action
Entertainment 2021-03-04 9:16 pm By Spencer Fowler Steen

Crown Resorts is facing the first ever oppressive conduct claims in a shareholder class action which alleges the casino giant had lax anti-money laundering compliance systems in place over a six-year period, a judge has heard.

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Fuji Xerox loses bid to throw out ACCC’s case over small biz contracts
Competition & Consumer Protection 2021-03-04 7:18 pm By Cindy Cameronne

A judge has refused to summarily dismiss proceedings brought by the ACCC against office supply company Fuji Xerox over allegedly unfair contracts with small businesses.

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Herbert Smith Freehills says Arrium lenders ‘a million miles away’ from properly run case
Restructuring & Insolvency 2021-03-04 6:54 pm By Miklos Bolza

Law firm Herbert Smith Freehills has attacked a lawsuit brought by a group of lenders against collapsed steel giant Arrium, rejecting claims that $430 million in loans was borrowed under misleading or deceptive representations.

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Judge knocks prominence of cross-claims in notice to Tandem class action members
Employment 2021-03-04 4:01 pm By Christine Caulfield

An opt out notice proposed to be given to group members in an underpayment class action against a unit of labour hire firm Tandem has been criticised by a judge as skewed to details of their exposure to cross-claims by the company.

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Full Court to hear another appeal over computer-implemented invention
Intellectual Property 2021-03-04 2:58 pm By Cat Fredenburgh

The Full Federal Court has been asked to consider an appeal of a judge’s ruling backing the position of the Commissioner of Patents that two patents for a computer-implemented invention did not describe a manner of manufacture and should be revoked.

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