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Junior doctors win first underpayments class action
Class Actions 2023-08-11 11:15 pm By Sam Matthews

Junior doctors have notched an important victory in a class action alleging Peninsula Health failed to pay overtime hours, with a judge finding the healthcare provider liable to pay for overtime that was not expressly authorised.

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PwC partner wins lawsuit over forced departure
Tax 2023-08-11 10:47 am By Cindy Cameronne

A PricewaterhouseCoopers partner has won his lawsuit against the professional services firm over his forced dismissal, with a judge finding the decision breached a partnership agreement and that the firm had acknowledged the partner did not misuse confidential ATO information.

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IAG employee not unfairly sacked after WFH activity tracked
Employment 2023-08-09 1:37 pm By Sam Matthews

The Fair Work Commission has found that insurer IAG did not unfairly dismiss a veteran employee after a company review of her at-home cyber activity revealed extensive periods of “no or minimal keyboard activity”.

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High Court greenlights NZ apartment block class action against Irish insurer
High Court 2023-08-08 11:36 pm By Sam Matthews

The High Court has dismissed a constitutional appeal by Irish insurer Zurich, clearing the way for a class action over an allegedly defective New Zealand apartment block to proceed in the NSW Supreme Court.

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Pelvic mesh law firm can’t recover $32M in interest on loan to fund class action
Class Actions 2023-08-03 11:22 am By Cindy Cameronne

Shine Lawyers has lost its bid to recover $32 million in interest on a loan it took out to run two pelvic mesh class actions against Johnson & Johnson, with a judge finding it would make a “marginal settlement less than reasonable”.

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Crumbs! Kraft loses opposition to Mars patent for chocolate flavour
Intellectual Property 2023-08-03 11:13 pm By Cat Fredenburgh

An IP Australia delegate has shot down Kraft’s opposition to a Mars patent for a less costly method for producing the distinct creaminess and flavour of crumb chocolate.

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Seven, Kerry Stokes must hand over emails exchanged with Ben Roberts-Smith’s lawyers
Defamation 2023-07-31 11:39 pm By Cindy Cameronne

Fairfax can see 8,600 emails that passed between Seven’s commercial director and Ben Roberts-Smith’s legal team as it seeks significant defence costs in the accused war criminal’s unsuccessful defamation case, a judge has ruled. 

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Phoenix hit with record $438M penalty for unconscionable enrollment practices
Competition & Consumer Protection 2023-07-28 10:13 pm By Cat Fredenburgh

Collapsed vocational education provider Phoenix Institute and its marketing arm have been hit with a record $438 million penalty after a judge found they acted unconscionably and with “callous indifference” by enticing vulnerable consumers to enrol in unsuitable courses with promises of free laptops.

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Facebook owner Meta fined $20M for misleading data privacy app
Competition & Consumer Protection 2023-07-26 9:48 am By Cindy Cameronne

A judge has ordered Meta to pay a $20 million penalty for misleading consumers by representing that its discontinued Onavo Protect mobile app would keep users’ personal activity data private, when in fact it was being collected for commercial use.

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Solicitor who was unaware of Harman obligation hit with fine
Legal Ethics 2023-07-26 10:04 pm By Gareth Baker

A lawyer accused of wrongfully using information obtained via subpoena in a family law case has been hit with a $2,000 fine by the NSW Civil and Administrative Tribunal, after he chose to appeal a reprimand from the NSW Law Society.

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