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Scenic Tours can’t dodge $10M damages ruling in cruise class action
Competition & Consumer Protection 2023-04-20 10:45 pm By Sam Matthews

Cruise operator Scenic Tours is stuck with a $10 million damages bill but has avoided paying for disappointed traveller’s flights, after an appeals court mostly rejected its appeal of an award to travellers who were promised a “once in a lifetime cruise along the grand waterways of Europe” but were instead forced to take the bus.

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‘It’s game over’: Victoria tries again to stay hotel quarantine class action amid criminal case
Appeals 2023-04-20 3:51 pm By Sam Matthews

The state of Victoria is trying again to stay a class action over the 2020 hotel quarantine debacle in light of a pending criminal action against the Department of Health, telling an appeals court the fundamental principles of the criminal justice system must be protected.

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‘Potentially difficult’: Lawyers weigh in on novel insolvency ruling
Restructuring & Insolvency 2023-04-19 1:29 pm By Sam Matthews

Senior restructuring and insolvency lawyers have welcomed a novel ruling that found a liquidator was entitled to claim his costs ahead of the preferred claims of company employees, but questions remain about the “potentially difficult” interaction between two conflicting priority regimes.

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Judge won’t stay reference in ‘monumental’ Santos, Fluor litigation
Energy & Natural Resources 2023-04-19 10:48 pm By Sam Matthews

A judge won’t stay a reference process which US company Fluor claims is infected with bias, in a “monumental” dispute with energy giant Santos that has already generated a $57.5 million legal bill for the engineering firm.

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Myer exec says she was fired for complaining about GM’s ‘belittling’ conduct
Employment 2023-04-19 1:53 pm By Cindy Cameronne

A sacked Myer executive has brought Fair Work proceedings against her former employer, seeking over $700,000 in compensation after she was allegedly unfairly dismissed for complaining about a general manager’s “belittling” conduct. 

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$50M settlement approved in NT Stolen Generation class action
Class Actions 2023-04-17 4:35 pm By Cindy Cameronne

A judge has approved a $50.45 million settlement in a class action by family members and deceased estates of the Northern Territory Stolen Generations. He has also approved a 13 per cent funding commission by way of a common fund order, saying debates about CFOs had become “lost in the label”.

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Judge says liquidator can be paid ahead of preferred creditors
Restructuring & Insolvency 2023-04-17 11:15 pm By Sam Matthews

In a novel decision, a judge has found that a liquidator is entitled to claim his “arguably disproportionate” costs ahead of the preferred claims of company employees.

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Vittoria can’t transfer IP spat over Moccona instant coffee jar
Intellectual Property 2023-04-17 4:11 pm By Christine Caulfield

Coffee brand Vittoria can’t transfer a case over the trade mark for rival Moccona’s instant coffee jar from one Federal Court registry to another, with a judge reminding the company that the court was “well into the 21st century” and could livestream hearings without the need for interstate travel.

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In loss for Haymarket builder, appeals court says new defect claims not new cause of action
Appeals 2023-04-17 10:25 pm By Sam Matthews

The builder of an allegedly defective Haymarket apartment building has lost an appeal of a decision which found that separate breaches of statutory building warranties do not create individual causes of action.

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‘You are not working at RMIT’: Art school dean fired over Instagram for taking leave, suit says
Education 2023-04-14 11:07 pm By Cindy Cameronne

The former dean of art school LCI Melbourne is seeking over $860,000 in compensation in a case alleging she was unfairly sacked via Instagram direct message because she took paid annual leave during “the most important term of the year”.

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