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Qantas can’t stay penalty hearing in outsourcing dispute with TWU
Employment 2021-09-21 2:26 pm By Miklos Bolza

Qantas has lost its second attempt to delay a hearing on further relief pending an appeal in its outsourcing spat with the Transport Workers Union, with a judge finding a stay would prejudice the union more than the airline.

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Judge dodges defamation suit by kosher inspector accused of not having ‘shem tov’
Defamation 2021-09-20 6:09 pm By Miklos Bolza

A Western Australia Supreme Court judge has dodged a lawsuit by a kosher compliance inspector who alleged he was defamed by an email that claimed the inspector did not have “shem tov”, or a good name, in Perth’s Jewish community.

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Delaying penalty until after Qantas outsourcing appeal ‘unfair’, court told
Employment 2021-09-20 6:21 pm By Cindy Cameronne

Qantas has filed a bid to delay a hearing on penalty after a judge found the airline outsourced ground operations partly to prevent employees engaging in industrial action, but the TWU has said a stay would be ā€œunfairā€ to 1,600 former ground staff.

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‘Fruits of victory’ can’t be denied pending insurer’s class action indemnity appeal
Insurance 2021-09-17 6:51 pm By Cindy Cameronne

Avant Insurance has lost a bid to pause an order that it pay $371,000 in the legal costs of a surgeon facing a class action by breast implant patients of defunct clinic the Cosmetic Institute while the insurer’s appeal is pending.

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Law firm mulls legal action after Whitehaven coal mine extension gets approval
Environment 2021-09-16 8:58 pm By Bianca Hrovat

Federal environment minister Sussan Ley has approved a controversial coal mining project that is expected to release 100 million tonnes of carbon dioxide into the Earthā€™s atmosphere, despite a landmark ruling that the government has a duty of care to consider the impact of fossil fuel projects on the next generation of Australians.

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Mineralogy appeals ruling tossing suit as ‘ill-disguised’ attack on ASIC
Appeals 2021-09-15 4:00 pm By Cat Fredenburgh

Clive Palmer’s Mineralogy has appealed a ruling tossing a lawsuit it brought against ASIC, which a judge called an “ill-disguised collateral attack” on the regulator for criminal proceedings against the billionaire mining magnate over $12 million in payments made to his political party in 2013.

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Puma launches appeal against Caterpillar trade mark decision
Intellectual Property 2021-09-15 11:17 pm By Bianca Hrovat

Sportswear brand Puma has launched an appeal against a Federal Court decision that found itā€™s ā€˜Procatā€™ trade mark was deceptively similar to US machinery manufacturer Caterpillarā€™s CAT marks.

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PwC a ‘different beast’ to law firms when it comes to privilege, court hears
Tax 2021-09-13 10:24 pm By Miklos Bolza

Assessing claims of privilege involving multidisciplinary firms like PricewaterhouseCoopers that offer legal and accounting services is “inherently awkward”, a court heard on the final day of a hearing in a privilege battle between the accounting firm and the ATO.

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Halifax investors file Full Court appeal to boost recovery
Restructuring & Insolvency 2021-09-13 1:50 pm By Christine Caulfield

Approximately 1,000 investors of collapsed stockbroker Halifax Investment Services have challenged a court decision concerning the date of the realisation of their investments which decreased the amounts they could recoup from the company’s liquidation.

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Merck Sharp & Dohme appeals judgment tossing Januvia patent extension
Intellectual Property 2021-09-10 6:04 pm By Miklos Bolza

Merck Sharp & Dohme is seeking to overturn a judgment refusing an extension of a patent covering its Januvia and Janumet diabetes drugs that would have seen the US drug maker of retaining a monopoly over the multibillion dollar medicines beyond July 2022.

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