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High Court asked to weigh in on scope of whistleblower protections
Appeals 2024-08-16 11:33 pm By Sam Matthews

A former debt collector who accused the ATO of using heavy handed debt collection tactics against taxpayers has asked the High Court to overrule a decision that found he was not immune from prosecution. In a decision handed down in June, the South Australia Court of Appeal dismissed Richard Boyle’s second bid for immunity from…

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Former ACCC employee was not forced to resign over grievances, FWC says
Employment 2024-08-16 11:28 pm By Andy Sidler

The Fair Work Commission has rejected a former Australian Competition and Consumer Commission employee’s unfair dismissal case, finding his argument that he resigned after the regulator repudiated his contract “disingenuous”.

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Isuzu taken to court in latest emissions cheating class action
Class Actions 2024-08-15 11:29 pm By Cindy Cameronne

Isuzu is the latest car maker to be stung with a class action for allegedly using defeat devices to cheat on emissions tests, and many more car makers may find themselves in the crosshairs over the “common practice”.

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PR firm published ‘evil’ image to hurt United Petroleum in class action, suit claims
Intellectual Property 2024-08-15 11:45 pm By Cat Fredenburgh

The PR firm for a franchisee class action against United Petroleum has been sued for allegedly distributing an image to group members that depicted the petrol giant as “evil” and was allegedly intended to harm its position in the class action.

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Judges don’t have to give ‘running commentary’ on oral submissions, court says
Courts 2024-08-15 11:02 pm By Sam Matthews

An appeals court has rejected oOh!media’s claim that it was denied procedural fairness in a dispute with Transport for NSW, saying judges are not required to give a “running commentary” on oral submissions and that counsel must be “constantly alert” when appearing in court.

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GM can’t ‘walk away’ from language of settlement with class action plaintiff: appeals court
Class Actions 2024-08-15 11:03 pm By Sam Matthews

General Motors has failed to overturn a decision that put it on the hook for the applicant’s full costs in a partial settlement in a class action on behalf of Holden dealers, with an appeals court finding GM could not “walk away” from the ordinary meaning of the phrase ‘the plaintiff’s costs of the proceedings’.

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Fanatics wins timeout amid appeal of loss to AFL merchandise maker
Appeals 2024-08-15 11:55 pm By Cindy Cameronne

A judge has granted a limited stay of an injunction against US sports merchandise Fanatics after AFL merchandise maker FanFirm won its case alleging the US company knew about its ‘Fanatics’ trade marks.

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BPay settles trade mark stoush with crypto platform Be Pay
Intellectual Property 2024-08-15 2:00 pm By Andy Sidler

The crypto platform formerly known as Be Pay Australia has settled a trade mark infringement suit by BPay after court-ordered mediation, changing its name and paying $50,000 toward the legal costs of the bill payments giant. 

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Judges not constrained by unconscionable conduct checklist, High Court finds
Competition & Consumer Protection 2024-08-14 11:56 pm By Cat Fredenburgh

The High Court has rejected an appeal by Captain Cook College of a finding that it engaged in systemic unconscionable conduct by enrolling thousands of unsuitable students, finding courts are not constrained by factors the consumer law says it “may consider” in deciding if conduct rises to the level of unconscionability.

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ASIC suit alleges ASX made misleading statements about CHESS replacement
ASIC 2024-08-14 10:49 am By Sam Matthews

The corporate regulator has taken market operator ASX to court for allegedly making misleading statements about the replacement project for its CHESS share register, including that the project was on track to go live in April 2023. 

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