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Qube resolves misuse of market power case against Port of Newcastle
Competition & Consumer Protection 2020-11-30 2:29 pm By Cat Fredenburgh

Logistics services provider Qube has resolved a lawsuit that accused the Port of Newcastle of misusing its power in the market for port services by denying Qube’s request to use its own equipment to provide dry bulk unloading services at the port.

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Tandem unit’s bid to shut down sham contracting class action fails again
Employment 2020-11-30 2:02 pm By Christine Caulfield

A unit of telecommunications contractor Tandem has lost an appeal in its fight over the validity of a sham contracting class action by technicians alleging they were misclassified as contractors and wrongly denied benefits.

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PwC looks to shut down lawsuit claiming DocuSign not a valid form of termination
Justice Steven Rares 2020-11-30 1:12 pm By Cat Fredenburgh

PricewaterhouseCoopers is seeking to strike out a lawsuit brought by a former director who claims her notice of termination was invalid because it was delivered through DocuSign.

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ASIC wins case against insurer Youi over 2-year delay on hail damage claim
Insurance 2020-11-27 10:18 pm By Cat Fredenburgh

A court has found that insurer Youi breached its duty of utmost good faith byĀ taking two years to settle a home owner’s hail storm claim.

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Stood-down Qantas workers lose second bid for sick leave
Employment 2020-11-27 10:13 pm By Christine Caulfield

Qantas workers on stand-down orders during the coronavirus pandemic have lost an appeal to overturn a ruling that they are not entitled to access paid sick or compassionate leave.

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BHP can’t shut out foreign group members from class action
Energy & Natural Resources 2020-11-27 10:08 pm By Christine Caulfield

Mining giant BHP has lost a fight to keep foreign group members out of a shareholder class action over the Fundao dam failure in Brazil five years ago.

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Law firm ‘took advantage’ of privileged position in filing Treasury Wines class action, court told
Class Actions 2020-11-27 7:51 pm By Miklos Bolza

Treasury Wine Estates has accused plaintiffs law firm Maurice Blackburn and barrister Guy Donnellan of “taking advantage” of their privileged position by using evidence discovered in a settled class action to file a second case against the wine maker.

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Judge postpones signing off on GetSwift move to Canada until FIRB approval
Corporate 2020-11-27 7:49 pm By Cat Fredenburgh

A judge has indicated she will approve GetSwift’s plans to relocate to Canada, despite concerns raised by ASIC, but will wait until the company has received approval from the Foreign Investment Review Board.

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Rio Tinto execs’ trial vacated given likelihood of COVID-19 vaccine
COVID-19 2020-11-27 6:58 pm By Spencer Fowler Steen

A judge has vacated a seven-week trial in proceedings brought by ASIC against two former Rio Tinto executives to March or April 2022, after they requested a “lengthy delay” to ensure a COVID-19 vaccine would be available before they travel to Australia for trial.

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Court hears case of missing Sydney businesswoman Melissa Caddick now murder investigation
Financial Services 2020-11-27 2:38 pm By Spencer Fowler Steen

The brother of missing Sydney woman Melissa Caddick is helping police with an investigation into her murder, a court overseeing ASIC’s action against the businesswoman was told Friday.

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