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Over ‘intransigent’ ACCC, judge says Retail Food Group case can be decided with store sample
Competition & Consumer Protection 2022-08-19 11:20 pm By Sam Matthews

A judge has ordered that the ACCC’s case alleging Retail Food Group misled franchisees be run on a sample basis, saying the regulator’s opposition to the idea ā€œsmacks of a lack of confidence in its own case.ā€

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Telstra not liable for ā€˜sickeningā€™ sexual harassment by employee who stole confidential info
Employment 2022-08-19 3:28 pm By Sam Matthews

A judge has found that Telstra cannot be held liable for the sexually harassing conduct of a former employee who allegedly accessed confidential contact information to launch a four-year campaign of harassment against his next-door neighbours.

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Redbubble files appeal in long-running Hells Angels trade mark stoush
Appeals 2022-08-19 11:59 pm By Cat Fredenburgh

Redbubble is challenging a judgment that found T-shirts and face masks sold on its platform violated Hells Angels’ trademarks and awarded damages to the motorcycle group.

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Ford class action judge says $100,000 appeal notice to group members pointless
Class Actions 2022-08-18 11:18 pm By Cindy Cameronne

Despite noting that a class action trial and appeal were “unusual”, a judge overseeing a long-running class action against Ford has refused an application to send a notice to group members about a coming appeal in the case.

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Sacked sports journalist loses appeal over coverage of ‘vivid and disgusting’ comments
Defamation 2022-08-18 11:24 pm By Sam Matthews

Former Channel 7 rugby league journalist Josh Massoud has lost an appeal of a decision clearing multiple media outlets of defamation over reports alleging he threatened to kill and defile the corpse of a young reporter.

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Ex-Orix boss appeals ruling allowing fleet company set-off defence
Employment 2022-08-18 11:32 pm By Christine Caulfield

The sacked boss of fleet management Orix Australia, who is seeking $1 million in unpaid leave, wants to challenge a decision allowing the company’s defence that anything it owes is set off by the losses the former CEO allegedly caused.

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Swing and whiff: Palmer Leisure can’t dodge lawsuit over political donation
Real Estate 2022-08-18 11:47 pm By Sam Matthews

A judge has rejected a bid by Clive Palmer-owned Palmer Leisure Australia to throw out legal action by the Electoral Commission of Queensland over donations the golf course management company made to Palmerā€™s United Australia Party in 2020.

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In defamation victory, High Court finds Google not a publisher
Defamation 2022-08-17 3:35 pm By Cindy Cameronne

Google has won its appeal of a judgment awarded to gangland lawyer George Defteros that found the tech giant liable for linking to an allegedly defamatory article, with the High Court finding Google was not the publisher of the story.

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No jackpot for Aristocrat, with High Court split on computer-implemented inventions
High Court 2022-08-17 11:12 pm By Cindy Cameronne

Gaming giant Aristocrat Technologies has lost its legal challenge to a decision that rejected a patent for its popular Lightning Link electronic poker machine, after six High Court Justices were equally split on whether it could be patented.

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FWC throws out finding that Deliveroo driver an employee
Employment 2022-08-17 3:29 pm By Cindy Cameronne

The Full Bench of the Fair Work Commission has begrudgingly overturned a ruling that found a Deliveroo driver who was axed for not working fast enough was an employee, saying a recent High Court judgment required it to “close our eyes” to the reality of gig economy work.

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