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Former prosecutor in Victoria OPP’s sex offences unit loses appeal in PTSD case
Employment 2020-11-24 9:50 pm By Christine Caulfield

An appeals court has overturned a $435,000 win for solicitor Zagi Kozarov, a former prosecutor in the Victorian Office of Public Prosecutions specialist sexual offences unit, in her case blaming her working conditions for her severe post-traumatic stress disorder and depression.

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Councils win appeal over Telstra smart payphone installation
Telecommunications 2020-11-20 5:25 pm By Spencer Fowler Steen

Telstra has lost an appeal in a case brought by Melbourne, Sydney and Brisbane city councils over a planned upgrade of its payphone network across Australia, with an appeals court pointing to an “apparent paradox” in the telco’s claim it did not need planning permits to install its next generation digital phone booths.

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Shareholders appeal dismissal of Worley class action
Class Actions 2020-11-19 11:47 am By Christine Caulfield

Shareholders who lost a Federal Court trial in their class action against engineering company Worley are challenging the decision to dismiss the case.

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Santos lawsuit against Fluor over gas project rests on ‘shaky assumption’, appeals court says
Energy & Natural Resources 2020-11-18 4:11 pm By Miklos Bolza

An appeals court has shot down oil and gas giant Santos’ bid for expanded discovery against engineering company Fluor, finding that the application was “akin to a fishing expedition” that was based on “a shaky assumption” by lawyers from Corrs Chambers Westgarth.

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ATO loses landmark case over GST gold scam
Tax 2020-11-17 7:15 pm By Miklos Bolza

The Australian Taxation Office has been blocked from indirectly recouping GST lost in a major tax scam by allegedly crooked gold traders with the Full Federal Court finding a $208 million demand sent to a defunct gold refiner had incorrectly interpreted the GST Act.

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Thiess loses appeal in unpaid wages class action
Class Actions 2020-11-17 12:42 pm By Miklos Bolza

Mining services company Thiess has lost its challenge to a class action ruling which found the company had underpaid workers for time spent on the bus travelling home from a Pilbara-based liquefied natural gas processing plant owned by Woodside Energy.

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Insurer appeals ruling putting it on hook for Opal Tower coverage
Insurance 2020-11-17 10:37 am By Cat Fredenburgh

Insurer Liberty Mutual is challenging its loss in a coverage dispute with construction company Icon Co over $31 million in losses stemming from Sydney’s Opal Tower, whose residents were evacuated after cracks appeared in the tower’s walls on Christmas Eve in 2018.

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Pfizer loses discovery lawsuit against Sandoz over Enbrel biosimilar
Intellectual Property 2020-11-13 4:58 pm By Cat Fredenburgh

A judge has dismissed Pfizer’s bid for preliminary discovery to pursue a possible patent infringement case against drug maker Sandoz over a generic version of its blockbuster rheumatoid arthritis biologic Enbrel.

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High Court won’t hear Kraft, Bega peanut butter trade dress dispute
Appeals 2020-11-13 4:27 pm By Cat Fredenburgh

The High Court won’t wade into Kraft-Heinz’s intellectual property dispute with Bega after the US food giant came up short twice its battle over the right to use its peanut butter trade dress in Australia.

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‘Industrial activity’ under Fair Work Act doesn’t extend to spat over worksite amenities, court says
Employment 2020-11-12 7:25 pm By Christine Caulfield

In an important ruling that confines the scope of “industrial activity” under the Fair Work Act, the Full Federal Court has overturned a $50,000 fine against the CFMEU and two officials for organising a work stoppage at a Brighton construction site that the union said needed a female toilet.

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