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Common fund orders under attack again in Takata airbags class action
Class Actions 2020-09-16 2:47 pm By Alison Eveleigh

Common fund orders are again under scrutiny in a class action which was at the centre of the High Court’s decision to strike down the orders, with a NSW Supreme Court judge sending back to the appeals court the question of whether the orders can be made at settlement.

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FWC ‘misconstrued’ general protections authority, Full Court says in win for Coles
Employment 2020-09-14 6:00 pm By Christine Caulfield

A landmark judgment by the Full Federal Court has found that a full bench of the Fair Work Commission “misconstrued” its own authority to make general protections findings about the dismissal of employees.

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High Court won’t hear appeal in defamation case over Facebook comments
Defamation 2020-09-10 6:11 pm By Christine Caulfield

The High Court has rejected an appeal challenging a ruling that found a failed political candidate liable for defamatory responses made by readers of two Facebook posts he published that labelled a South Australian businessman greedy and selfish, but the court has left the door open to weigh in on the issue of secondary publication of social media comments.

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Judge to undergo behaviour training after ‘cruel, insulting’ interactions with QC
Judge Guy Andrew 2020-09-04 1:59 pm By Christine Caulfield

A judge whose conduct towards lawyers for a father in a Family Court case was condemned by an appeals court as “cruel, insulting, humiliating and rude” has been transferred to the Brisbane registry and has been ordered to receive judicial training on appropriate behaviour in court.

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‘Cruel, insulting, humiliating and rude’: Judge’s attack on lawyers prompts retrial
Appeals 2020-09-02 11:59 pm By Christine Caulfield

A custody battle in the Family Court will be reheard after an appeals court ruled the judge overseeing the matter was “hectoring, insulting, belittling, sarcastic and rude” to lawyers representing the father in the case.

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Treasury Wines keeps up fight over law firm’s new class action
Appeals 2020-08-24 4:27 pm By Christine Caulfield

Treasury Wine Estates has challenged a ruling that Maurice Blackburn did not breach its obligations by using material from a now settled class action against it to draft new class action pleadings.

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Ex-Qantas worker tries again to bring discrimination case against Maurice Blackburn
Appeals 2020-08-18 12:15 pm By Cat Fredenburgh

A former Qantas customer service manager has appealed a ruling blocking her from pursuing a disability discrimination case against Maurice Blackburn alleging the law firm put pressure on her to settle her workers compensation case against the airline.

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In victory for Mondelez, High Court reverses landmark personal leave ruling
Employment 2020-08-13 2:10 pm By Cat Fredenburgh

Mondelez has won its High Court challenge to a ruling on the method to be used for calculating workers’ personal days.

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VW rightly hit with $125M fine after ‘starving’ judge of evidence, court told
Competition & Consumer Protection 2020-08-12 9:50 pm By Miklos Bolza

An appeals court has been urged to uphold a judge’s $125 million penalty against Volkswagen in the ACCC’s case over the car maker’s emissions cheating, with a court-appointed contradictor saying the judge was “starved” of the information he required to assess whether a $75 million agreement brokered by the consumer watchdog was reasonable.

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High Court won’t hear appeal by ex-Storm Financial directors
Appeals 2020-08-07 9:34 pm By Christine Caulfield

The High Court has denied a special leave application by the former directors of defunct financial advisory Storm Financial, after the Full Federal Court upheld a ruling finding they had breached their duties to eleven vulnerable investors by providing an inappropriate, one-size-fits-all model of investment advice.

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