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AIG appeals ruling in Kaboko Mining D&O coverage dispute
Insurance 2019-01-30 3:43 pm By Christine Caulfield

AIG Australia has appealed a decision that found it’s liable for covering four former directors being sued by collapsed Kaboko Mining after a failure to repay a US$5.95 million loan allegedly led to the company’s insolvency.

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Court demands greater transparency from ASIC in AMP insurance case
Financial Services 2019-01-30 3:17 pm By Miklos Bolza

ASIC has been ordered to reveal the extent of its communications with experts that are compiling a report central to its case against AMP over alleged insurance churning by one of its former financial advisers.

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Law Institute of Victoria sacked former GM for taking time off, lawsuit claims
Employment 2019-01-30 1:01 pm By Christine Caulfield

The former general manager of compliance at the Law Institute of Victoria has taken the peak legal body to court, alleging she was dismissed in breach of the Fair Work Act after taking sick leave.

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ATO wins appeal in $82M tax spat with BHP over Singapore marketing hub
Energy & Natural Resources 2019-01-29 8:32 pm By Miklos Bolza

The Australian Taxation Office has successfully appealed an Administrative Appeals Tribunal decision in favour of BHP Billiton, leaving the mining giant with a hefty $82 million tax bill over its Singapore marketing hub.

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ACCC calls for $35M fine against Empower Institute
Competition & Consumer Protection 2019-01-29 3:46 pm By Miklos Bolza

The Australia Competition and Consumer Commission is seeking a $35 million penalty against Empower Institute after the court found the vocational trainer engaged in unconscionable conduct by “duping” customers into enrolling in courses they could not afford.

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CSIRO appeals ruling allowing changes to BASF GMO patent
Intellectual Property 2019-01-29 3:12 pm By Miklos Bolza

The CSIRO is appealing a decision by the Commissioner of Patents that allowed chemical giant BASF to amend its application for a genetically modified organisms patent.

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Court suppresses Ben Roberts-Smith accuser’s identity
Defamation 2019-01-29 11:37 am By Miklos Bolza

A key prospective witness in the Ben-Roberts Smith defamation proceedings can continue to have her identity suppressed, after a judge found there was “sufficient risk” to her safety if it was revealed.

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The class action reform proposals experts can’t swallow
Analysis 2019-01-25 11:33 pm By Christine Caulfield

Lawyerly spoke to ten class action experts on the release of the Australian Law Reform Commission’s highly anticipated report into the class action regime. While many of the ALRC’s proposals were expected — and welcomed as sensible — others were greeted with concern and skepticism. Here, we look at the most controversial of the 24 recommendations.

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FWO launches first underpayment case under new onus of proof laws
Employment 2019-01-25 9:53 pm By Miklos Bolza

The Fair Work Ombudsman is suing a sushi operator in a case which will, for the first time, utilise laws that put the onus of proof on employers to disprove underpayment allegations.

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Aerocare loses appeal of split shifts ruling
Employment 2019-01-25 4:27 pm By Miklos Bolza

Aviation services company Aerocare has lost its appeal of a Fair Work Commission decision that shot down an enterprise agreement forcing employees to work split shifts.

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