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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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Government won’t challenge loss in live export class action
Class Actions 2020-07-22 10:16 pm By Cat Fredenburgh

The Federal Government will not challenge a ruling in a class action brought on behalf of live exporters which found a total ban on live cattle exports to Indonesia in 2011 was “capricious and unreasonable”.

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ASIC loses bid for Ashurst documents on ANZ fee advice ‘for now’
Financial Services 2020-07-17 4:47 pm By Alison Eveleigh

Australia’s corporate watchdog has lost its bid to obtain Ashurst’s advice to Australia and New Zealand Banking Group about potentially illegal bank fees “for now”, but a judge has signalled that this may not be the end of the matter.

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Spotless on the hook for redundancy pay after losing appeal
Employment 2020-07-01 9:41 pm By Alison Eveleigh

Cleaning services giant Spotless must pay redundancy entitlements to a group of workers it sacked, after failing to convince a court of appeal that it was exempt from making the payments.

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Government hit with $2.9M judgment in live export class action
Class Actions 2020-06-29 1:30 pm By Alison Eveleigh

The lead applicant in a class action against the Federal Government over its total ban on live cattle exports to Indonesia in 2011 has been awarded $2.9 million, potentially exposing the government to hundreds of millions of dollars in damages.

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Facebook claims it can’t be sued by Aussie privacy watchdog
Privacy & Cybersecurity 2020-06-26 4:25 pm By Miklos Bolza

US-based Facebook has argued that it does not carry on business in Australia despite users in Australia accessing its website, calling for the dismissal of action brought by the Australian Information Commissioner over alleged privacy breaches.

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Ashurst documents show ANZ knew about illegal fees, ASIC says
Financial Services 2020-06-25 5:25 pm By Miklos Bolza

Ashurst notified Australia and New Zealand Banking Group almost a decade ago about issues relating to its illegal fees, ASIC has told the Federal Court as it fights for documents from the law firm.

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Accused war criminal Ben Roberts-Smith likely to give evidence in open court
Defamation 2020-06-24 9:20 pm By Alison Eveleigh

After claiming he could be vindicated only by giving evidence in open court, war veteran Ben Roberts-Smith looks likely to get his wish, as the parties to his defamation proceedings finalise negotiations with the Federal Government on the use of national security information.

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