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Activist suing super fund REST over climate change plan can’t cap adverse costs
Financial Services 2019-01-18 3:29 pm By Cat Fredenburgh

An ecological landscaper suing the Retail Employees Superannuation Trust fund for an undeveloped climate change policy has lost an application for a maximum costs order in the public-interest case.

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Judge was wrong to halt cross-examination in Octaviar class action, court hears
Class Actions 2019-01-17 9:00 pm By Miklos Bolza

A judge that dismissed an investor class action against the Public Trustee of Queensland over the failure of investment firm Octaviar Group improperly intervened in the cross-examination of one of the class’ witnesses, one of the judges that will hear an appeal of the dismissal was told.

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Craig McLachlan wins stay of defamation case amid criminal charges
Defamation 2019-01-17 2:28 pm By Miklos Bolza

Actor Craig McLachlan has won a bid to stay his defamation case against actress Christie Whelan Browne, Fairfax Media and the ABC in light of recent indecent assault charges brought against him, with a judge finding the cases deal with identical subject matter.

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DLA Piper sued by QC, junior barrister over $370,000 in unpaid fees
Business of Law 2019-01-16 10:13 pm By Christine Caulfield

A Queens Counsel and a junior barrister at the Victorian Bar are taking DLA Piper to court, accusing the law firm of failing to pay more than $370,000 in fees.

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Spotless judgment clarifies redundancy payment exception
Employment 2019-01-16 5:14 pm By Miklos Bolza

Spotless Services violated the Fair Work Act by failing to payĀ redundancy for workers employed at Perth International Airport, a court has found, in a ruling that clarifies when employers are on the hook for redundancy payments.

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VW knew about defeat software but ACCC doesn’t need to prove it, court told
Competition & Consumer Protection 2019-01-15 9:25 pm By Miklos Bolza

The ACCC does not need to prove Volkswagen knew about the diesel emissions software at the heart of its action against the car giant — that’s just a factor that will magnify penalties in the case, the regulator has told a court.

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Atomic coffee machine distributor roasted in appeal of trade mark decision
Intellectual Property 2019-01-15 8:30 pm By Christine Caulfield

The Australian distributor of Atomic coffee machines has lost a Federal Court appeal of an IP Australia decision allowing the registration of the Atomic trade mark by a South Perth cafe, with a judge slamming her evidence on the stand as untruthful.

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Apple settles ‘HealthKit’ trade mark dispute with Aussie startup
Intellectual Property 2019-01-15 11:47 am By Miklos Bolza

Tech giant Apple can move forward with its plans to register the “HealthKit” trade mark for its popular health and fitness tracking app after resolving a dispute with an Australian startup over the mark.

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Cargill ordered to give Glencore info on unauthorised barley use
Corporate 2019-01-14 5:08 pm By Cat Fredenburgh

Agricultural giant Cargill has been ordered to hand over documents to Glencore regarding its use of an unauthorised type of barley before and after its $420 million acquisition of malt producer Joe White.

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Ex-Liberal MP can’t get names of News Corp sources behind leaked erotic lit
Defamation 2019-01-09 3:27 pm By Miklos Bolza

A judge overseeing former Liberal politician Dennis Jensen’s defamation case against News Corp has denied him access to the identity of anonymous sources who leaked information to the publisher, including erotic passages from his unpublished novel, which led to him being dumped from the party.

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