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NSW government on hook for damages in light rail class action
Class Actions 2023-07-19 1:52 pm By Sam Matthews

A judge has found the state of NSW liable to compensate the lead plaintiffs in a class action brought on behalf of small businesses over the “substantial and unreasonable” interference caused by the construction of Sydney’s $3 billion light rail network, but he flagged “significant problems” in applying his findings to thousands of potential group members.

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Downer EDI class actions call for stay of rival cases in four-way fight
Class Actions 2023-07-11 5:13 pm By Christine Caulfield

The applicants in competing class actions against Downer EDI have set out their proposals for the courts overseeing the cases, with two calling for orders staying the proceedings of their rivals, and another seeking consolidation.

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ACCC takes Secure Parking to court over ‘deceptive’ car spot booking service
Competition & Consumer Protection 2023-07-06 5:00 pm By Cindy Cameronne

The Australian Competition and Consumer Commission has brought proceedings against carpark operator Secure Parking, claiming its duped customers in major cities with its misleading car reservation service.

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Misconduct exception doesn’t apply in Uber class action privilege fight
Class Actions 2023-06-30 11:52 am By Sam Matthews

In the latest skirmish over documents in two class actions, Uber has mostly won a bid to shield almost 150 documents on the grounds of privilege, with a judge finding the misconduct exception that has previously bedevilled the rideshare giant did not apply.

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Transurban bid for Horizon Roads stake raises competition concerns
Competition & Consumer Protection 2023-06-29 11:21 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has expressed concerns that Transurban’s plan to acquire a majority stake in fellow toll road operator Horizon Roads will hinder competition for future toll road projects.

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Sydney Trains driver sacked for drinking deserves rehearing, Full Court says
Employment 2023-06-26 10:05 pm By Gareth Baker

The Full Court has held a Sydney Trains driver who worked the morning after blowing over four times the legal limit is entitled to a rehearing, finding the Fair Work Commission failed to properly consider a section of its own founding legislation. 

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Parking detection patents infringed by SARB’s Pinforce sensors, judge finds
Intellectual Property 2023-06-26 12:08 pm By Cindy Cameronne

Tech company Vehicle Management Systems has won a long-running patent infringement dispute with rival SARB over a sensor-based system the City of Melbourne uses for timing parked vehicles. 

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Developer says Full Court ‘plainly wrong’ in tossing ACCC’s case against NSW Ports
Competition & Consumer Protection 2023-06-22 11:02 pm By Cindy Cameronne

A New South Wales developer will mount a challenge to a Full Court decision that tossed the ACCC’s competition case against NSW Ports over an agreement to privatise two ports, arguing the majority ruling was “plainly wrong”.

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Destination High Court as law firm lodges fourth Downer EDI class action
Class Actions 2023-06-07 11:23 pm By Sam Matthews

Multiple class actions against Downer EDI over accounting irregularities might be bound for the High Court as complex legal questions swirl, a judge said on Wednesday.

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Engage Marine can access ACCC docs in competition suit against TasPorts
Competition & Consumer Protection 2023-05-29 3:37 pm By Sam Matthews

A judge has largely granted a bid by port operations provider Engage Marine to obtain copies of restricted documents in the ACCC’s case against TasPorts as it mounts its own case against the government-owned body, despite noting that principles of open justice don’t dictate an “open slather” approach to documents.

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