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OAIC taken to court in battle to run Optus class action-style complaint
Privacy & Cybersecurity 2023-09-14 11:13 pm By Sam Matthews

The OAIC has been dragged to court by the law firm that filed a class action-style complaint over the massive Optus data breach, after the privacy commissioner chose a competing representative complaint to move forward.

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Surgeons try again to declass breast implants class action
Class Actions 2023-09-14 2:44 pm By Cindy Cameronne

A group of surgeons who worked for The Cosmetic Institute are appealing a judge’s rejection of their bid to declass a representative proceeding on behalf of 13,500 patients who claim they suffered injury or complications from breast augmentation surgery. 

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Mount Pleasant mine engineers can’t shield legal advice on loss in $270M feud
Energy & Natural Resources 2023-09-14 1:17 pm By Cindy Cameronne

Engineering firms G&S Engineering and DRA Global have lost their bid to shield legal advice by McCullough Robertson on whether they were liable to MACH Energy for indirect losses while building a coal processing plant at Mount Pleasant in South Australia.

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Melbourne school must pay $565K for failing to address antisemitic bullying
Human Rights 2023-09-14 3:12 pm By Cindy Cameronne

A group of former Jewish and Israeli students at Brighton Secondary College have won hundreds of thousands of dollars in compensation and an apology from the Victorian government after a judge found the school principal failed to address racially-charged bullying and hundreds of cases of swastika graffiti.

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Sydney eatery Quanjude loses COVID-era lease spat after failing ‘radical difference’ test
Contracts 2023-09-14 11:03 pm By Christine Caulfield

A restaurant famous for its Peking roast duck has lost a dispute with Sydney’s World Square Shopping Centre over unpaid rent, with a judge dismissing an argument that compliance with its lease during COVID-19 would have radically altered the eatery.

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Lawyer’s defamation case fails serious harm test, judge finds
Defamation 2023-09-13 4:24 pm By Cindy Cameronne

A judge has dismissed a Sydney lawyer’s defamation case over an AI-generated story that accused her of trying to defraud $16,000 from David Jones, saying she had admitted to deceitful acts and had not suffered serious harm. 

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Holden dealers reject GM’s bleak alternate reality in class action
Class Actions 2023-09-13 11:03 pm By Christine Caulfield

Holden dealers in a class action over GM’s decision to retire the brand in March 2020 have taken issue with the car maker’s counterfactual in defence, which argues the plant supplying Holden’s best-selling models would have closed anyway.

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Zip offered Firstmac $4M to settle trade mark suit
Intellectual Property 2023-09-13 1:52 pm By Cindy Cameronne

Buy now, pay later company Zip Co offered $4 million to settle a lawsuit by mortgage provider Firstmac alleging infringement of its ‘Zip’ trade mark which it ultimately defeated.

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Nine, News Corp defeat defamation suits over Central Coast crime coverage
Defamation 2023-09-13 4:12 pm By Cindy Cameronne

A judge has thrown out defamation lawsuits by the partner of a man accused of being a Central Coast gang member in coverage by Nine and the Daily Telegraph, finding the stories never identified her. 

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CBA deserves max penalty for $16.4M in underpayments, court told
Financial Services 2023-09-12 11:07 pm By Cindy Cameronne

CBA should pay a penalty of $12.8 million — close to the maximum penalty the court can impose on the bank — for underpaying its staff to the tune of $16.4 million, a judge has heard.

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