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BHP loses ‘highly problematic’ bid to exclude foreign investors from class action
Appeals 2021-06-03 10:10 am By Cindy Cameronne

Global resources giant BHP Group has lost an appeal in its fight to exclude foreign investors from a shareholder class action over the 2015 Fundao dam disaster, after arguing the class action regime applies only to those in Australia.

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Jury finds Country Care not guilty in first criminal cartel case against Australian biz
Trials 2021-06-02 3:00 pm By Christine Caulfield

The ACCC has suffered a stinging defeat in its criminal cartel action against mobility equipment provider Country Care, its CEO and a former employee, with a jury handing down not guilty verdicts on all eight charges in the case.

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Clive Palmer not gonna take it: Appeal filed in Twisted Sister copyright case
Intellectual Property 2021-05-31 1:57 pm By Christine Caulfield

Billionaire Clive Palmer is challenging a ruling that he pay $1.5 million in damages to Universal Music for violating the copyright on Twisted Sister’s ‘We’re Not Gonna Take It’ in a tune for his political ads, saying he should pay only $1 in nominal damages.

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Freedom Foods loses second bid to have $20M Blue Diamond feud heard in Australia
Arbitration 2021-05-28 11:02 pm By Christine Caulfield

Freedom Foods’ dispute with Blue Diamond Growers over an almond licensing deal will be heard by an arbitrator in California after an appeals court rejected the company’s plea for an Australian judge to determine the case.

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In victory for Glencore, High Court won’t weigh in on landmark transfer pricing ruling
Tax 2021-05-26 11:03 am By Cat Fredenburgh

The High Court has denied the ATO’s request that it weigh in on Australia’s transfer pricing regime, leaving in place a Full Court victory for mining giant Glencore that left it paying $2 million of a $92 million bill relating to the sale of copper from a mine in Cobar, NSW.

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High Court to hear former prosecutor’s appeal after $435,000 PTSD award overturned
High Court 2021-05-25 12:36 pm By Christine Caulfield

A former solicitor in the Victorian Office of Public Prosecutions who claims she suffered severe post-traumatic stress disorder and depression from repeated exposure to sexual offence cases will get a chance to make her case before the High Court.

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BHP tells Full Court class action regime only for Australian residents
Class Actions 2021-05-21 11:41 pm By Miklos Bolza

Global resources giant BHP Group has asked the Full Court to rule foreign investors should be excluded from a shareholder class action over the 2015 Fundao dam disaster, arguing the class action regime only applies to those in Australia.

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High Court to weigh in on CFMEU’s serial offender status in assessing penalties
High Court 2021-05-21 10:52 pm By Cindy Cameronne

The High Court has granted special leave to the Australian Building and Construction Commissioner in a case dealing with how the CFMEU’s history as a serial offender should have been considered when assessing the penalty the union should face for breaches of the Fair Work Act.

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High Court won’t hear case over sick leave for stood-down Qantas workers
Employment 2021-05-21 2:12 pm By Cat Fredenburgh

The High Court has denied special leave to unions representing 20,000 Qantas workers who were stood down during the coronavirus pandemic to challenge a ruling that they were not entitled to paid sick or compassionate leave.

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Solicitor denied procedural fairness in harassment investigation, appeals court finds
Employment 2021-05-13 6:33 pm By Miklos Bolza

Victoria’s State Revenue Office breached its obligations and denied procedural fairness to a senior solicitor who was fired after an investigation into alleged harassment, the state’s Court of Appeal has found.

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