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Adero to issue correction notice in On The Run class action
Employment 2020-08-03 9:56 pm By Alison Eveleigh

The law firm running an underpayments class action against petrol convenience store chain On The Run has been ordered to issue a notice correcting certain statements made on its website about the company and the class action, including that the claims in the case are worth up to $70 million.

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Media companies can file evidence of another alleged murder in Roberts-Smith defamation case
Defamation 2020-08-03 2:27 pm By Alison Eveleigh

Media companies that are fighting defamation proceedings over articles that accused decorated war veteran Ben Roberts-Smith of war crimes have won court permission to amend their defence to include evidence the soldier was involved in another alleged murder.

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Waived on through: Federal Court highlights the fine distinctions that govern waiver of privilege
Expert Insights 2020-07-31 10:59 pm By Christine Caulfield

A recent decision in ASIC’s case against ANZ has highlighted the potential risks of waiver of client legal privilege, with the Federal Court observing that the distinctions can be “fine”. While ANZ avoided having to disclose its legal advice to the regulator, the decision is a reminder of the potential pitfalls of referring to legal advice in correspondence, and that pleading a state of mind in litigation carries risks from a privilege perspective, says Hall & Wilcox partner Jacob Uljans.

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Maurice Blackburn escapes discrimination case by former client
Employment 2020-07-31 10:01 pm By Alison Eveleigh

A judge has shut down a former Qantas customer service manager’s bid to pursue a disability discrimination case against Maurice Blackburn alleging the law firm put pressure on her to settle her workers compensation case against the airline.

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Commonwealth Bank, Westpac’s BT face potential class actions over insurance ‘rort’
Class Actions 2020-07-31 4:16 pm By Christine Caulfield

Shine Lawyers is investigating two new class actions against Commonwealth Bank of Australia and Westpac’s BT Funds Management over allegedly excessive insurance premiums, a week after filing a similar case against AMP’s life insurance arm.

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Google, Facebook face fines of at least $10M for breaches of ACCC media bargaining code
Media 2020-07-31 12:55 pm By Christine Caulfield

Google and Facebook will face penalties of at least $10 million for breaches of a media bargaining code drafted by the ACCC that aims to create a “level playing field” between Australian media companies and the tech giants.

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ASIC scores ‘narrow’ win in case against ex-Tennis Australia director
ASIC 2020-07-31 12:43 pm By Miklos Bolza

A judge has handed ASIC a “narrow” win in its action against former Tennis Australia director Harold Mitchell, tossing most of the regulator’s case and accusing it of “confirmatory bias”.

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Arrium liquidators win fight over examination of director for potential class action
Restructuring & Insolvency 2020-07-30 4:59 pm By Miklos Bolza

Liquidators for collapsed steel and mining giant Arrium have successfully appealed a court ruling permitting the examination of a former director for a possible shareholder class action, with the Court of Appeal for the NSW Supreme Court finding the “private nature” of the claims was an abuse of process.

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‘Extraordinary circumstances’: ACCC blesses Rex’s ongoing coordination with Qantas, Virgin
COVID-19 2020-07-30 3:40 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has extended an authorisation allowing Regional Express to coordinate with Qantas and Virgin on certain regional routines during the coronavirus pandemic. The airlines won interim authorisation from the competition regulator in March to coordinate flight schedules and share revenue on what the ACCC called ten important regional routes. Under…

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ACCC loses appeal in TPG ‘prepayment’ case
Competition & Consumer Protection 2020-07-30 3:13 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has come up short in its challenge to a ruling that dismissed its case against TPG over contract terms that allowed the internet provider to keep customers’ unused prepaid funds on phone or internet plans.

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