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‘Disappointing’: Lawyers bemoan loss of right to challenge ACCC merger decisions in court
Analysis 2024-04-10 11:11 pm By Cindy Cameronne

Competition law experts have raised doubts about changes to Australiaā€™s merger review regime announced Wednesday, calling the reforms a mixed bag for businesses and the reduced role of the Federal Court “disappointing”.

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Judgeā€™s refusal to disqualify himself from MinterEllison costs dispute overturned
Business of Law 2024-04-10 10:54 pm By Sam Matthews

A judgeā€™s refusal to recuse himself from hearing a costs dispute between MinterEllison and a former client has been overturned, with a court finding that a number of complaints made about the judge by the client created ā€œa contestā€ between them.

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Genuine redundancy exception to unfair dismissal not a given, court says
Employment 2024-04-10 3:06 pm By Cindy Cameronne

The allowance for genuine redundancies is ā€œnot absoluteā€ and employers need to consider measures to redeploy workers, including retraining, an appeals court has said in an unfair dismissal case involving 22 mining workers.

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Damages trial in live export class action to push case into 11th year
Class Actions 2024-04-08 1:10 pm By Cindy Cameronne

A hearing in a class action to determine the extent of lost sales suffered by cattle exporters following a ban on live exports has been set down for April next year, making the case the oldest unresolved class action on the Federal Court docket.

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Hungry Jack’s resolves claims by franchisee over launch of nearby restaurants
Franchises 2024-04-02 11:40 pm By Christine Caulfield

Hungry Jack’s has resolved a case brought by a franchisee seeking a court injunction blocking the burger chain from launching two restaurantsĀ  in close proximity to its sites on NSW’s Central Coast.

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Three defamation cases against John Pesutto to be heard together
Defamation 2024-03-28 9:14 pm By Cindy Cameronne

Victorian Liberal Party leader John Pesutto will face three defamation cases at the same time — one by former Liberal MP Moira Deeming and two by anti-trans activists over last yearā€™s ā€˜’Let Women Speak’ rally, which was crashed by neo-Nazis.

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Hotel quarantine class action can’t proof witnesses ahead of criminal trial
Class Actions 2024-03-27 9:06 pm By Sam Matthews

The state of Victoria has won its bid to prevent lawyers for a class action over Victoria’s COVID-19 hotel quarantine debacle from proofing lay witnesses, ahead of a criminal trial against the Department of Health, which is due to start in May.

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ATO’s assessments for Mylan’s $1.4B Alphapharm acquisition ‘excessive’, court rules
Tax 2024-03-21 5:08 pm By Cindy Cameronne

The Australian unit of drug giant Mylan has triumphed in a dispute with Australian Taxation Office, with a judge finding the ATO’s assessment for 2020 was “excessive” with respect to interest on loans to fund Mylan’s $1.2 billion acquisition of generic drug maker Alphapharm.

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No loss to Bordeaux wine producer from Tassie pinot noir bottle’s misleading appearance: court
Intellectual Property 2024-03-19 11:53 pm By Christine Caulfield

The maker of Tasmanian pinot noir label New Certan breached the consumer laws in bottling its product in a way that resembled the packaging of a fancy French drop, but the premium wine producer failed to prove any loss, a court has ruled.

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Pesutto to face more defamation suits by organisers of anti-trans rally
Defamation 2024-03-18 11:07 pm By Cat Fredenburgh

Victorian Liberal Party leader John Pesutto is facing the threat of two more defamation suits by organisers of last year’s anti-trans ‘Let Women Speak’ rally, which was crashed by neo-Nazis.

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