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Class action against NAB over Walton collapse can’t add insolvent trading claim
Restructuring & Insolvency 2022-10-24 12:18 pm By Sam Matthews

A judge has rejected a bid to add an insolvent trading claim to a $78 million class action over the collapse of Walton Construction, citing “extraordinary” delays in the three-year-old case.

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Judge wants delayed Sydney light rail class action finished by year’s end
Transportation & Infrastructure 2022-10-24 1:07 pm By Cindy Cameronne

A class action trial over Sydney’s $3 billion light rail has been pushed off to next month after the applicant’s eleventh-hour amendments, but a judge has warned the parties they should wrap up the case by the end of the year..

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Judge who represented Sydney Trains won’t recuse herself from fight with union
Employment 2022-10-24 11:41 pm By Cindy Cameronne

A judge has rejected a bid by the Australian rail union to recuse herself from hearing its case against Sydney Trains that seeks approval to deactivate Opal readers amid protracted industrial action, despite having represented the rail operator when she was a barrister last year. 

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ACCC accuses Fitbit of misleading consumers about refund rights
Competition & Consumer Protection 2022-10-24 11:09 pm By Christine Caulfield

The Australian Competition and Consumer Commission has dragged Google-owned Fitbit to court for allegedly telling consumers they had to mail in broken devices within 45 days in order to obtain a refund.

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Super fund sues crypto company for ‘flagrant’ trade mark infringement
Intellectual Property 2022-10-24 11:23 pm By Cindy Cameronne

Education superannuation fund NGS Super has filed a trade mark lawsuit against Australian blockchain mining company NGS Crypto, claiming it failed to comply with a promise to rebrand and continues to profit at the fund’s expense. 

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High Court rejects Worley’s plea to weigh in on disclosure test in shareholder class actions
Class Actions 2022-10-21 11:32 pm By Christine Caulfield

In a boost to shareholder class actions, the High Court has dismissed an application by engineering services firm Worley to appeal a finding that companies should disclose to the market forecasts that ought reasonably to have been held.

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Judge doubts Lachlan Murdoch’s claim that media ‘sold a pup’ with defamation reforms
Defamation 2022-10-21 3:22 pm By Sam Matthews

A judge has rejected Lachlan Murdoch’s claim that the media has been ‘sold a pup’ with a new public interest defence that Crikey’s publisher has deployed in the Fox News CEO’s defamation suit over an article about the January 6 attack on the US Capital.

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Crown loses bid for contradictor to fight GCO application in class action
Class Actions 2022-10-21 4:01 pm By Cindy Cameronne

A judge has rejected Crown Resort’s bid to appoint a contradictor to fight a group costs order being sought in a shareholder class action accusing the casino giant of lax anti-money laundering compliance over a six-year period.

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Judge frowns on workers’ bid to shut down Opal in Sydney trains dispute
Employment 2022-10-21 4:22 pm By Cindy Cameronne

A judge has raised concerns about a bid by the rail workers union for a judicial “green light” to deactivate ticket readers as part of a protracted industrial action in Sydney, saying the court should not be used as an “adviser”.

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ACCC may ground Virgin, Alliance Airlines charter agreement
Competition & Consumer Protection 2022-10-21 4:02 pm By Cindy Cameronne

The Australian Competition and Consumer Commission is currently “not satisfied” that the public benefits from allowing Virgin and Alliance to continue to cooperate in markets for fly-in fly-out customers will outweigh its competition concerns. 

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