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High Court grants special leave in Toyota class action
High Court 2023-11-17 10:05 pm By Cat Fredenburgh

The High Court has agreed to weigh in on how damages for reduction in value should be calculated under the Australian Consumer Law, granted competing special leave applications in a class action against Toyota over defective diesel filters.

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High Court takes up joint venture’s arbitration dispute with Chevron
Energy & Natural Resources 2023-11-17 5:36 am By Christine Caulfield

The High Court will hear a $130 million case by two contractors on Chevron’s Gorgon gas field project, which argue the Western Australia Court of Appeal was outside power to uphold a ruling that set aside an arbitration win.

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Rival class action to be filed against KFC over rest breaks
Class Actions 2023-11-17 3:31 pm By Cindy Cameronne

A leading plaintiff law firm will file a competing class action against KFC before the end of the year alleging the fast food giant denied workers rest breaks, after Gordon Legal filed a group proceeding late last month, a court has heard.

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Optus says ‘no precedent’ to compensate losses from outage
Optus 2023-11-17 4:34 pm By Cindy Cameronne

The CEO of Optus has denied it has to compensate small businesses who allegedly suffered losses during a nationwide outage that left over ten million customers without coverage or pay a penalty for 228 emergency calls to 000 that failed. 

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Optus may appeal judgment on Deloitte data breach report
Class Actions 2023-11-17 4:06 pm By Cat Fredenburgh

Optus is considering an appeal of a judgment allowing a class action to access a report from Deloitte into last year’s major data breach, saying its release could raise national security concerns.

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Union succeeds in excluding members from McDonald’s class action
Class Actions 2023-11-17 11:27 pm By Cindy Cameronne

A union has partially won a bid to exclude thousands of current and former members from a class action against McDonald’s, after losing a challenge that sought to ban all Fair Work group proceedings.

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EFTPOS provider Tyro wins restraint of trade case against rival Lightspeed
Financial Services 2023-11-17 11:28 pm By Sam Matthews

EFTPOS provider Tyro has won a year-long injunction against an authorised representative that pushed competing payment system Lightspeed on its customers, in breach of a restraint of trade clause in their contract.

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Law firm set to profit ‘handsomely’ from GCO in Crown class action, should pay up, court told
Class Actions 2023-11-16 10:03 pm By Sam Matthews

Crown Resorts is seeking $10 million in security for costs from the law firm running a shareholder class action accusing it of lax anti-money laundering compliance, arguing the sum is justified in light of the firm’s potential recovery under a tiered group costs order.

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‘Harry is not Barry’: McDonald’s loses trade mark case against Hungry Jack’s
Intellectual Property 2023-11-16 9:50 am By Cat Fredenburgh

A judge has rejected McDonald’s claim that Hungry Jack’s Big Jack burger infringed its Big Mac trade mark, but found that Hungry Jack’s misled consumers by boasting that its burger had 25 per cent more beef.

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Mamamia founders win client file from lawyer in negligence case over $16M Sydney mansion
Professional Negligence 2023-11-16 11:49 pm By Christine Caulfield

The founders of news website Mamamia have secured access to their client file from a former HWL Ebsworth partner, who is accused of professional negligence in his handling of a dispute with the landlord of the couple’s $16 million Bellevue Hill mansion.

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