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Appeals court rejects Fairfax challenge to defamation ruling for Chau Chak Wing
Defamation 2020-03-19 10:35 pm By Christine Caulfield

Fairfax Media has failed in its appeal of a judgment that found the publisher defamed Chinese-Australian businessman Dr Chau Chak Wing in a Sydney Morning Herald article that linked him to an international bribery scandal.

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AFT loses challenge to ruling over ‘misleading’ Maxigesic ads
Competition & Consumer Protection 2020-03-19 9:07 pm By Cat Fredenburgh

AFT Pharmaceuticals has lost its challenge to a ruling that ads claiming its painkiller Maxigesic is more effective than Nuremol were misleading and deceptive, with the Full Federal Court saying the primary judge did not err in finding the ads lacked an adequate scientific basis.

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Clive Palmer loses second bid to quash criminal charges over resort villa takeover
Corporate 2020-03-19 4:37 pm By Christine Caulfield

Billionaire Clive Palmer has lost his appeals court fight to shut down criminal proceedings alleging his resort company breached takeover laws, with three judges saying his claims were untenable.

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HWL Ebsworth must pay indemnity costs in ex-partner spat after ‘unreasonable’ rejection of compromise
Business of Law 2020-03-19 2:47 pm By Christine Caulfield

HWL Ebsworth is on the hook for the legal costs of an unfair dismissal case won by ex-partner Tim Griffiths, and the law firm must pay almost two years of legal bills on an indemnity basis after it twice refused an offer of settlement.

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BHP can’t pause shareholder class action over Brazil dam failure
Class Actions 2020-03-18 10:18 pm By Christine Caulfield

BHP has failed in a bid to shut down a class action over the Fundao dam failure pending criminal proceedings in Brazil, with a judge ruling the mining giant would not be prejudiced if the case proceeded for now.

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Tandem unit loses bid to de-class ‘sham’ contracting class action
Class Actions 2020-03-18 2:43 pm By Cat Fredenburgh

A unit of Telstra contractor Tandem has lost its bid to de-class a ‘sham’ contracting class action brought on behalf of telecommunications workers who claim they were denied benefits by being misclassified as contractors.

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Debt collector Panthera Finance must pay $500,000 for harassing consumers
Competition & Consumer Protection 2020-03-16 8:46 pm By Cat Fredenburgh

Australia’s second largest debt recovery agency has been ordered to pay $500,000 after the company admitted breaching Australia’s consumer laws by unduly harassing and misleading three people over debts they did not owe.

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Settlement reached in sexual harassment case against ‘Underbelly’ actor
Employment 2020-03-16 8:39 am By Cat Fredenburgh

A settlement has been reached in a lawsuit against ‘Underbelly’ actor Damien Walshe-Howling alleging he sexually harassed an extra on the set of Channel Ten’s ‘Bikie Wars’ when he grabbed the actress and forced his tongue into her mouth.

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Full Court says HWL Ebsworth lawyer was not sacked for political views
Employment 2020-03-13 2:30 pm By Miklos Bolza

The Full Federal Court has thrown out an appeal by a former special counsel of HWL Ebsworth, ruling the senior practitioner was reasonably fired for violating the firm’s media policy in press interviews and not because of his political views.

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Coronavirus could threaten jury trial in Country Care cartel case
Competition & Consumer Protection 2020-03-13 12:31 pm By Miklos Bolza

A Federal Court judge has acknowledged concerns raised by the accused in a criminal cartel case against mobility equipment provider Country Care and two employees about how an upcoming jury trial will proceed if the coronavirus pandemic worsens, telling the parties the court had already taken measures to control the spread of the virus.

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