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Nanny paid $2.33 an hour was not employee but ‘guest’ of CEO’s family, court told
Employment 2019-09-24 1:25 pm By Amelia Birnie

A major property development CEO accused of paying his Filipino nanny $2.33 an hour has denied underpayment allegations, instead claiming the woman was a “guest of the family” who was “free to decide” whether or not she wished to provide domestic assistance.

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ASIC to challenge ‘uncertainty’ of Westpac responsible lending decision
Appeals 2019-09-10 9:07 pm By Amelia Birnie

The Australian Securities and Investments Commission has filed an appeal against the Federal Court’s responsible lending ruling in favour of Westpac, arguing the decision had created uncertainty around the obligations of credit providers.

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Iluka class action saved as new funder signs on
Class Actions 2019-09-05 1:38 pm By Miklos Bolza

A shareholder class action against mineral sands producer Iluka Resources has locked in litigation funding, ending months of uncertainty about the fate of the proceedings.

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Sacked HWL Ebsworth special counsel loses ‘wholly unrealistic’ unlawful dismissal case
Employment 2019-09-03 10:24 pm By Amelia Birnie

A judge has thrown out an unlawful dismissal case brought by former HWL Ebsworth special counsel against the firm, describing his arguments as “trivial” and “wholly unrealistic”.

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Zoetis loses challenge over security for costs in horse vaccine class action
Class Actions 2019-09-03 2:57 pm By Cat Fredenburgh

The Full Federal Court has shot down a challenge to a ruling denying horse vaccine maker Zoetis’ application for security for costs in an unfunded class action brought on behalf of horse owners alleging the company failed to warn about the potential side effects of the Hendra virus vaccine.

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Responsible lending class action against Westpac paused after ASIC loss
Class Actions 2019-08-16 10:10 pm By Christine Caulfield

After defeating the corporate regulator’s case alleging it breached responsible lending laws, banking giant Westpac has won a reprieve from lodging a defence in a related class action.

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‘This game is over’: judge ready to toss Iluka class action over ongoing funding dramas
Class Actions 2019-08-15 3:45 pm By Amelia Birnie

The applicants in the Iluka Resources shareholder class action have less than a week to lock-in a $1.25 million security for costs, after the judge overseeing the case asked if he was allowed to dismiss proceedings himself following six months of being “very patient” about ongoing funding dramas.

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Hytera can’t blame Motorola for not alerting it to source code theft sooner
Intellectual Property 2019-08-14 10:58 pm By Cat Fredenburgh

Hytera can’t point the finger at Motorola for not alerting it to the alleged theft of the US telco’s source code by former employees sooner, as the first phase of the high stakes, high intrigue IP trial draws to a close.

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Westpac defeats ASIC home loan case
Breaking News 2019-08-13 11:43 am By Amelia Birnie

Westpac has defeated a responsible lending case brought by the Australian Securities and Investments Commission in relation to almost 262,000 home loans, with the Federal Court finding the corporate regulator misinterpreted the operation of national lending laws.

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Garuda reveals debts of $480M, but can’t dodge $19M cartel fine yet
Competition & Consumer Protection 2019-08-09 5:18 pm By Miklos Bolza

Indonesian airline Garuda has failed in its bid to stay a $19 million penalty for its role in a fuel surcharge cartel after telling the Federal Court it has debts of $480 million, with a judge saying he would be allowing the company to trade while insolvent if he granted the stay.

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