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Facebook can’t escape privacy action with jurisdiction argument
Privacy & Cybersecurity 2020-09-14 2:33 pm By Christine Caulfield

Facebook’s argument that it can’t be sued by the privacy commissioner in Australia has fallen flat, with a judge rejecting the social media giant’s application to dismiss enforcement action brought in March over the disclosure of users’ personal data.

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Crown scores win in fight with ATO over $100M in GST on high roller junkets
Tax 2020-09-10 3:55 pm By Miklos Bolza

Two casinos owned by Crown Resorts have been handed a Federal Court victory in their $100 million battle with the Australian Taxation Office, with a judge ruling that GST assessments made by the ATO were “excessive”.

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Army chief gets another chance to block war crimes docs in Ben Roberts-Smith case
Defamation 2020-09-08 4:39 pm By Miklos Bolza

The chief of the Australian Defence Force has been given the opportunity to put on further evidence after a judge said he would otherwise order that material provided to a war crimes inquiry by Ben Roberts-Smith be produced in the war veteran’s defamation case against three news publishers.

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‘A dog’s breakfast’: Judge pans claims in class action that Robodebt was self-evidently unlawful
Class Actions 2020-08-31 3:33 pm By Miklos Bolza

A judge has stopped short of rejecting new claims in the Robodebt class action despite “obvious errors” in the allegations, but has sent the applicants back to the drawing board and warned them the matter would not proceed as a “dog’s breakfast”.

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‘Confusing and confused’: Judge throws out Nauru detention class action
Class Actions 2020-08-24 4:06 pm By Alison Eveleigh

A judge has dismissed a class action accusing Government ministers of misfeasance in public office over the practice of securing Nauruan visas for those detained on the island.

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Gov’t refuses mediation with James Ashby over $4M legal bill in sex harassment case
Employment 2020-08-21 2:00 pm By Miklos Bolza

The Commonwealth has told a court it will not sit down for mediation talks with One Nation chief-of-staff James Ashby as he seeks to recoup almost $4 million in legal costs spent in a dropped sexual harassment case against former House speaker Peter Slipper.

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Victoria’s stage 4 lockdown imperils Robodebt class action trial
Class Actions 2020-08-13 2:34 pm By Miklos Bolza

An impending three-week trial for the Robodebt class action may be in danger due to stage 4 lockdown measures in place in Victoria to control a second wave of coronavirus cases, with the top lawyer for the class telling the court he might need to step down due to homeschooling obligations if the lockdown overlaps with the trial.

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VW rightly hit with $125M fine after ‘starving’ judge of evidence, court told
Competition & Consumer Protection 2020-08-12 9:50 pm By Miklos Bolza

An appeals court has been urged to uphold a judge’s $125 million penalty against Volkswagen in the ACCC’s case over the car maker’s emissions cheating, with a court-appointed contradictor saying the judge was “starved” of the information he required to assess whether a $75 million agreement brokered by the consumer watchdog was reasonable.

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Backpacker’s tax not discriminatory, appeals court finds
Employment 2020-08-06 3:55 pm By Alison Eveleigh

The Australian Taxation Office has won its appeal of a ruling that found that a 15 per cent ‘Backpacker’s Tax’ imposed on holders of Australian working holiday visas was unlawful.

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Judge criticises ‘unhelpful’ Robodebt class action applicants as discovery narrows
Class Actions 2020-07-30 3:17 pm By Miklos Bolza

A judge has narrowed discovery in a class action against the Commonwealth of Australia over allegedly unlawful Robodebt payments, criticising the lead applicants for persisting with an approach to discovery that “was not a particularly helpful one”.

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