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Court tosses case over sacred trees at Western Highway upgrade site
Environment 2021-11-23 8:52 pm By Miklos Bolza

A court has summarily dismissed a lawsuit accusing the Victorian government of acting unlawfully by improving the Western Highway and threatening to harm six ‘directions’ trees of cultural significance to the Djab Wurrung people.

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Union accuses McDonald’s of unpaid rest break ‘conspiracy’
Employment 2021-11-23 1:48 pm By Bianca Hrovat

McDonald’s Australia has been joined as a second respondent in a union-led lawsuit that accuses the fast food giant of “conspiring to deliberately deny workers their breaks”.

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Sparke Helmore was negligent in failing to alert developer to looming deadlines, court finds
Professional Negligence 2021-11-22 4:38 pm By Bianca Hrovat

Law firm Sparke Helmore acted negligently by failing to adequately advise a New South Wales property developer about extension of time notices that were needed to prevent two lucrative contracts from falling through, a judge has found.

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Monsanto may face claim for exemplary damages in Roundup class action
Class Actions 2021-11-22 6:45 pm By Miklos Bolza

A class action on behalf of people who claim they developed non-Hodgkin lymphoma after using Monsanto’s Roundup weed killer will argue the agrochemical giant should be hit with exemplary damages for its negligence in selling the herbicide, which the company allegedly knew caused cancer.

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Melissa Caddick’s company wound up, with $23.5M owing to investors
Financial Services 2021-11-22 9:42 pm By Cindy Cameronne

ASIC has won its bid to wind up accused Sydney fraudster Melissa Caddick’s company and appoint final receivers to realise her assets, paving the way for some repayment to the dozens of family and friends who invested with Caddick and are still owed $23.5 million.

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Banksia class action barristers declare bankruptcy after $21.7M judgment
Class Actions 2021-11-19 9:39 pm By Christine Caulfield

Two former barristers ordered to pay at least $21.7 million in damages and costs for their role in a fraudulent scheme to pocket a windfall from the Banksia Securities class action have filed for bankruptcy.

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Dixon Advisory class action wants court to hold penalty in ASIC case
Class Actions 2021-11-19 1:21 pm By Cat Fredenburgh

The applicant in a class action against self-managed superfund provider Dixon Advisory wants to intervene in ASIC’s proceedings, which the company agreed to resolve for $7.2 million, saying any penalty in the case should be held by the court until the resolution of the class action.

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Full Court shoots down Aristocrat’s patents for popular poker machine
Intellectual Property 2021-11-19 9:26 pm By Cindy Cameronne

IP Australia has won its appeal of a judge’s decision to allow four Aristocrat patents for its popular Lightning Link electronic poker machine to proceed to grant, with the Full Court finding the invention merely implemented an abstract idea on a computer and was not patentable.

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Law firm seeks to drop two class actions on behalf of coal mine casuals
Employment 2021-11-19 5:49 pm By Miklos Bolza

A law firm that has filed seven class actions on behalf of casual coal mine workers is looking to discontinue two of those cases, after the High Court dealt them a serious blow by finding that those who work regular shifts are not entitled to paid leave and other entitlements under the Fair Work Act.

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IOOF to face expanded misconduct allegations in shareholder class action
Class Actions 2021-11-19 3:35 pm By Miklos Bolza

A judge has given the green light to expanded misconduct allegations in a shareholder class action against IOOF, including claims of insider trading and front-running.

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