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ACCC loses appeal over $205M Pacific National, Aurizon terminal deal
Competition & Consumer Protection 2020-05-06 5:41 pm By Miklos Bolza

The ACCC has come up short in its appeal of a ruling that dismissed its challenge to Pacific National $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, with the Full Federal Court also releasing Pacific National from an undertaking given to the court.

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Flight Centre dodges ACCC action, refunds COVID-19 cancellation fees
Competition & Consumer Protection 2020-05-01 11:29 pm By Cat Fredenburgh

Facing the threat of regulatory action and a possible class action, Flight Centre will refund thousands of customers who were charged a $300 fee for cancelling travel plans because of government restrictions to combat the coronavirus.

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Herbert Smith Freehills lawyer applauded for ‘masterclass’ in advocacy in unfair dismissal case
Employment 2020-04-29 6:05 pm By Alison Eveleigh

The Fair Work Commission has lavished praise on a Herbert Smith Freehills lawyer for his persuasive advocacy skills in representing transport company Greyhound in unfair dismissal proceedings.

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Queensland says state should pay just 1% of flood class action damages
Class Actions 2020-04-29 4:54 pm By Miklos Bolza

The Queensland government is seeking court orders that put dam operators Seqwater and Sunwater on the hook for the vast majority of damages after a class action judgment found negligence in the lead up to the state’s 2011 floods that destroyed 2,000 homes.

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Courts should be flexible on laws in COVID-19 pandemic, says Virgin Australia judge
Restructuring & Insolvency 2020-04-29 3:08 pm By Christine Caulfield

The COVID-19 pandemic and government social distancing restrictions were reasons to be flexible in applying and adapting the law, the judge overseeing the administration of Virgin Australia has said in exempting administrators from liability for unpaid leases and allowing Thursday’s meeting of the airlines’ creditors to be held by teleconference.

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Qantas sued for denying sick leave to stood-down workers
COVID-19 2020-04-28 3:33 pm By Miklos Bolza

Qantas breached the Fair Work Act by failing to pay personal carers leave and compassionate leave to employees stood down in response to the coronavirus pandemic, including one battling cancer and another awaiting triple bypass surgery, a court has heard.

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Law firm hits Uber with another class action after court loss
Class Actions 2020-04-28 12:15 pm By Christine Caulfield

A plaintiffs law firm has fired off another class action against Uber after losing a bid to amend the group definition in a class action brought against the ride-sharing giant last year.

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Damages hearing in Queensland floods class action to go ahead despite appeal
Class Actions 2020-04-24 6:35 pm By Miklos Bolza

A hearing to determine damages in the Queensland floods class action will proceed next week despite an appeal brought by the two dam operators that were found liable for the 2011 floods in the state that destroyed 2,000 homes.

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Virgin administration could push the boundaries of corporations law
Restructuring & Insolvency 2020-04-23 8:35 pm By Alison Eveleigh

Voluntary administration was the only option for Virgin, and the extraordinary circumstances surrounding the airline’s decline could present a unique opportunity for the administrators to push the boundaries of corporations law, according to insolvency experts.

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Uber Eats driver was not an employee, FWC confirms on appeal
Employment 2020-04-21 7:49 pm By Miklos Bolza

A Fair Work Commission appeals panel has upheld a ruling that an Uber Eats delivery driver allegedly let go for being 10 minutes late was not an employee and was therefore not protected by unfair dismissal laws.

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