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Carnival can’t exclude overseas passengers from Ruby Princess class action
Class Actions 2021-09-10 11:53 am By Miklos Bolza

Cruise operator Carnival has lost its bid to exclude US and UK passengers from a class action over the 2020 Ruby Princess COVID-19 outbreak, with a judge finding the Federal Court was not a “clearly inappropriate forum” to hear the dispute.

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ACCC must pay costs of NSW as ‘necessary and proper party’ in ports case
Competition & Consumer Protection 2021-09-02 3:03 pm By Miklos Bolza

A judge has ordered the ACCC to pay the State of NSW’s costs in its failed proceeding against NSW Ports, finding that even though the consumer watchdog did not initially sue the state government that it was a “necessary and proper” party to the case.

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ACCC appeals ruling throwing out ‘fanciful’ NSW Ports competition case
Competition & Consumer Protection 2021-07-27 7:05 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has appealed a judge’s decision throwing out its competition case over an agreement for the privatisation of two NSW ports, calling the case “a matter of significance for the Australian economy”.

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ACCC loses competition case against NSW Ports over 50-year deal with state
Competition & Consumer Protection 2021-06-29 11:27 am By Cindy Cameronne

The ACCC has lost its regulatory action against NSW Ports alleging a 50-year agreement with the state, signed when Port Botany and Port Kembla were privatised in 2013, was anti-competitive.

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Major retailers file class action over missing cargo ship containers
Class Actions 2021-06-07 3:08 pm By Miklos Bolza

A class action has been filed on behalf of major retailers seeking compensation over a May 2020 incident on the MV APL England vessel which saw valuable goods en route to Australia damaged or lost overboard during rough weather.

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High Court won’t hear case over sick leave for stood-down Qantas workers
Employment 2021-05-21 2:12 pm By Cat Fredenburgh

The High Court has denied special leave to unions representing 20,000 Qantas workers who were stood down during the coronavirus pandemic to challenge a ruling that they were not entitled to paid sick or compassionate leave.

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FWC rules Deliveroo driver was employee, not independent contractor
Employment 2021-05-18 2:30 pm By Cat Fredenburgh

In a victory for gig economy workers, the Fair Work Commission has found that a Deliveroo driver who was sacked for not working fast enough was an employee, saying the company’s power to exert control over its workers with data collected through its app weighed in favour of a finding of that employer-employee relationship existed.

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Aurizon accused of flagrant copyright infringement by software giant Dassault
Intellectual Property 2021-05-17 4:44 pm By Miklos Bolza

Queensland rail operator Aurizon has been sued for breach of contract and “flagrant” copyright infringement for allegedly using software produced by French software giant Dassault without the necessary licence.

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‘Severe harm to competition’: ACCC to refuse flight pact between Qantas, Japan Airlines
COVID-19 2021-05-06 1:58 pm By Cindy Cameronne

The Australian Competition and Consumer Commission has proposed to deny authorisation for Qantas to coordinate with Japan Airlines on flights between Australia and Japan despite the regulator’s increased flexibility on the travel sector during COVID-19.

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High Court won’t hear Queensland taxi drivers’ ‘fanciful’ case over Uber losses
High Court 2021-04-15 10:52 pm By Cat Fredenburgh

The High Court has denied special leave to a group of Queensland taxi drivers seeking compensation from the state for losses allegedly caused by ride sharing services like Uber, in a lawsuit a judge described as “fanciful”.

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