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Court throws out James Ashby’s lawsuit over $4.5M legal bill
Employment 2021-07-23 6:37 pm By Cindy Cameronne

A judge has tossed One Nation chief-of-staff James Ashby’s lawsuit alleging the federal government breached the Fair Work Act by refusing to foot the bill for nearly $4.5 million in legal costs stemming from a dropped sexual harassment case against former House speaker Peter Slipper.

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Class action firm wants to intervene in FWO’s ‘entirely misconceived’ case against Woolworths
Employment 2021-07-22 3:46 pm By Cindy Cameronne

Employment class action law firm Adero Law is seeking to intervene in the Fair Work Ombudsman’s action against Woolworths, saying the “misconceived” proceedings have disrupted mediation in a class action against the supermarket chain for which 3,000 employees have registered.

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Judge lashes ACCC’s Port of Newcastle case as ‘far-fetched and fanciful’
Competition & Consumer Protection 2021-07-20 10:54 pm By Christine Caulfield

The ACCC’s claim that NSW Ports stymied competition when it signed a 50-year agreement with the state to be compensated if the Port of Newcastle built a container terminal was based on “mere speculative hopes”, a judge found in tossing the competition watchdog’s regulatory action.

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Government challenges ‘incoherent’ duty of care in climate change class action appeal
Appeals 2021-07-20 4:44 pm By Miklos Bolza

The Commonwealth says a landmark ruling in a class action that found it has a duty of care to protect Australian children from the effects of global warming is “incoherent” and distorts its ability to balance competing interests.

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Ben Roberts-Smith trial to resume with evidence from four Afghan witnesses
Defamation 2021-07-19 4:07 pm By Cindy Cameronne

Four witnesses who allegedly saw Ben Roberts-Smith kick a handcuffed man off a cliff in Afghanistan will give evidence next week in the war veteran’s defamation trial, which has been disrupted by COVID-19 restrictions in NSW.

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Noni B owner appeals ruling ordering it to hand over docs to ACMA
Privacy & Cybersecurity 2021-07-19 1:16 pm By Cat Fredenburgh

Mosaic Brands has appealed a ruling ordering it to comply with a request for documents from the Australian Communications and Media Authority over its potential violations of the Spam Act.

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IP Australia accuses judge of ‘impermissible gloss’ on patent term extension law
Appeals 2021-07-15 5:29 pm By Cindy Cameronne

IP Australia has appealed a ruling granting drug company Ono Pharmaceutical a patent extension for a cancer immunotherapy drug, calling it an “impermissible gloss” on the Patents Act that is at odds with the law’s purpose.

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AGs should get chance to intervene in Judge Vasta lawsuit ASAP, judge says
Courts 2021-07-15 1:34 pm By Miklos Bolza

A Federal Court judge has said he will be “quite unimpressed” with 11th hour bids to notify state Attorneys-General of constitutional disputes in a wrongful imprisonment lawsuit against Federal Circuit Court Judge Salvatore Vasta, ordering the parties to act swiftly to let the states intervene in the case.

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BlueScope cartel judge gives ‘hybrid’ hearings low marks as COVID-19 scrambles trial plans
Competition & Consumer Protection 2021-07-29 1:17 pm By Cat Fredenburgh

When trial begins next month in the ACCC’s cartel case against BlueScope Steel, the parties will all appear by video, with a judge saying “hybrid” hearings – where some parties are in court and others appear by video – were “unsatisfactory”.

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Trial in Ben Roberts-Smith case may move from Sydney as COVID-19 lockdown drags on
Trials 2021-07-14 10:11 pm By Cindy Cameronne

Trial in the defamation case by war veteran Ben Roberts-Smith against Nine may face additional delays or be transferred out of Sydney after the NSW Government extended the city’s COVID-19 restrictions by two weeks.

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