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Intellectual freedom a ‘foundational’ principle, sacked climate skeptic professor tells High Court
High Court 2021-06-23 11:45 pm By Cat Fredenburgh

Sacked climate skeptic professor Peter Ridd brought his case challenging his dismissal by James Cook University to the High Court on Wednesday, with a lawyer for Ridd telling the justices that his sacking was unlawful because intellectual freedom was a “foundational’ principle that could not be subordinated to the university’s code of conduct.

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Nudie Juice family wants court to extinguish judgment debt
Restructuring & Insolvency 2021-06-23 2:26 pm By Cindy Cameronne

Members of the Binetter family have sued the trustees of a Nudie Juice co-founder Emil Binetter’s estate for settlement details over debts claimed against the family in a bid to extinguish any judgment debt against the estate, a court has heard.

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Vic hospital operator points finger at junior doctors in underpayments class action
Employment 2021-06-22 4:25 pm By Cat Fredenburgh

Victorian public healthcare provider Peninsula Health has hit back at an underpayments class action brought by junior doctors, saying it was up to them to seek authorisation and payment for any overtime hours worked.

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Full Court upholds Sequenom’s win in patent battle over prenatal genetic tests
Intellectual Property 2021-06-21 6:34 pm By Miklos Bolza

The Full Federal Court has upheld US biotech company Sequenom’s  patent for a noninvasive prenatal genetic test, rejecting rival Ariosa Diagnostic’s argument that the patent merely described a way to extract incorporeal genetic information.

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Judge tosses plaintiff’s case in first Takata airbags class action to face trial
Class Actions 2021-06-18 11:38 pm By Christine Caulfield

In a major defeat that could affect the fate of six other cases lined up behind it, a judge has dismissed the lead plaintiff’s claims in a class action against Volkswagen over deadly Takata airbags.

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NAB wins $43M judgment against ex-Dick Smith director but receivers walk away empty handed
Restructuring & Insolvency 2021-06-15 4:47 pm By Miklos Bolza

A judge has awarded $43 million to National Australia Bank in its lawsuit against former directors of failed retailer Dick Smith, but threw out claims against company directors brought by HSBC and the retailer’s receivers.

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Volkswagen asks High Court to toss landmark $125M Dieselgate penalty
High Court 2021-06-10 2:56 pm By Cat Fredenburgh

Volkswagen has asked the High Court to throw out a a landmark $125 million penalty over its emissions cheating scandal, the highest ever handed down in Australia for consumer law violations.

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Full Court warned sending Epic Games lawsuit against Apple to California would have ‘chilling effect’
Competition & Consumer Protection 2021-06-09 4:41 pm By Miklos Bolza

Video game developer Epic Games has asked the Full Federal Court to overturn an “illogical” decision sending its competition lawsuit against Apple to California, saying the move would have a “chilling effect” on the enforcement of Australia’s competition laws.

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Judge shuts down derivative suit against CBL over $3M share acquisition
Securities 2021-06-07 11:03 pm By Miklos Bolza

A shareholder’s attempt to reverse a $3.15 million share acquisition by the managing director of construction giant Consolidated Builders Ltd has been dismissed by a judge, despite finding the case had “a reasonable probability of success”.

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Phoenix Institute files lawsuit accusing directors of duty breaches
Education 2021-06-03 12:43 pm By Cindy Cameronne

Failed vocational education provider Phoenix Institute has taken three of its former directors to court claiming they breached the Corporations Act in the lead-up to its collapse and should compensate the company.

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