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Onus on franchisor to prove $1.2M security would not kill class action, Full Court told
Class Actions 2022-08-22 11:57 pm By Christine Caulfield

Fighting what they say is a stultifying $1.23 million order for security for defence costs in a class action, franchisees of Hog’s Breath Cafe have argued it is up to the restaurant chain to prove group members can pony up the dough.

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Redbubble files appeal in long-running Hells Angels trade mark stoush
Appeals 2022-08-19 11:59 pm By Cat Fredenburgh

Redbubble is challenging a judgment that found T-shirts and face masks sold on its platform violated Hells Angels’ trademarks and awarded damages to the motorcycle group.

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Ex-Orix boss appeals ruling allowing fleet company set-off defence
Employment 2022-08-18 11:32 pm By Christine Caulfield

The sacked boss of fleet management Orix Australia, who is seeking $1 million in unpaid leave, wants to challenge a decision allowing the company’s defence that anything it owes is set off by the losses the former CEO allegedly caused.

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No jackpot for Aristocrat, with High Court split on computer-implemented inventions
High Court 2022-08-17 11:12 pm By Cindy Cameronne

Gaming giant Aristocrat Technologies has lost its legal challenge to a decision that rejected a patent for its popular Lightning Link electronic poker machine, after six High Court Justices were equally split on whether it could be patented.

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FWC throws out finding that Deliveroo driver an employee
Employment 2022-08-17 3:29 pm By Cindy Cameronne

The Full Bench of the Fair Work Commission has begrudgingly overturned a ruling that found a Deliveroo driver who was axed for not working fast enough was an employee, saying a recent High Court judgment required it to “close our eyes” to the reality of gig economy work.

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Lawyer who withheld high earner’s wages fights watchdog’s refusal to renew certificate
Business of Law 2022-08-16 4:25 pm By Sam Matthews

The director of a law firm ordered to pay $184,000 in wages withheld from a junior lawyer is fighting a decision by the Victorian Legal Services Board + Commissioner to not renew his practicing certificate.

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Peter Dutton wants to grill lawyer on possible ‘sham bills’ in defamation spat
Defamation 2022-08-12 11:36 am By Sam Matthews

Opposition leader Peter Dutton has questioned a costs agreement between refugee activist Shane Bazzi and his solicitors in a defamation dispute, raising the possibility that “sham bills” may have been provided to the court to assess the costs to which Bazzi is entitled for his successful appeal.

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Trial judge in Brambles class action questions long-term financial forecasts
Trials 2022-08-10 11:50 pm By Sam Matthews

A judge overseeing the trial in a shareholder class action against chain logistics company Brambles has questioned the company’s use of long-term financial forecasts.

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Mercedes ‘laid open’ its legal advice in $650M dealer lawsuit, court told
Competition & Consumer Protection 2022-08-10 10:02 pm By Cindy Cameronne

Car dealers bringing a $650 million lawsuit against Mercedes over its decision to move to a fixed-price agency model are seeking to access legal advice given to the car manufacturer on non-renewal notices at the heart of the case.

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Mystery funder in WestConnex class action can’t escape security for costs
Class Actions 2022-08-10 1:13 pm By Sam Matthews

An appeals court has rejected a bid to challenge a decision forcing an unnamed litigation funder to give $415,000 in security for the NSW government’s defence costs in a class action alleging the fraudulent acquisition of land for the construction of the $16 billion WestConnex tunnel.

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