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VW class action applicant slugged with indemnity costs
Class Actions 2021-09-08 2:14 pm By Miklos Bolza

The lead applicant in a class action against Volkswagen over defective Takata airbags has been hit with indemnity costs for his failed case after a NSW Supreme Court judge found that deficiencies in aspects of the case were “manifestly clear”.

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High Court finds media responsible for third-party Facebook comments
Defamation 2021-09-08 3:13 pm By Bianca Hrovat

The High Court has found that media outlets are responsible for the publication of defamatory third-party comments on news stories posted to their Facebook pages, upholding a landmark decision by the NSW Supreme Court.

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CBA unit faces penalty for misleading superannuation members
Financial Services 2021-09-08 2:25 pm By Miklos Bolza

Commonwealth Bank of Australia unit Colonial First State Investments is facing penalties after the Federal Court found it misled its customers about their rights and obligations relating to the MySuper reforms passed by the federal government in 2012.

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Allergan wins appeal in Botox trade mark battle
Intellectual Property 2021-09-08 5:19 pm By Miklos Bolza

Botox maker Allergan has successfully challenged a Federal Court judgment dismissing its trade mark lawsuit against an Australian company selling topical creams as an alternative to Botox injections.

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Ben Roberts-Smith wants to bring claim against ex-wife’s friend
Defamation 2021-09-08 4:11 pm By Cindy Cameronne

Accused war criminal Ben Roberts-Smith has filed an application to bring a claim against the close friend of his ex-wife in a case accusing his former spouse of unlawfully accessing his email account containing privileged communications with lawyers.

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Judge pushes on with penalty despite Qantas appeal in case over ground crew
Employment 2021-09-08 5:40 pm By Miklos Bolza

Qantas Airways is seeking to overturn a Federal Court finding that its decision to axe 2,000 ground staff and replace them with labour hire workers during the COVID-19 pandemic was made partially to stop workers engaging in industrial action.

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Law firms say government inaction fuelling appetite for climate change litigation
Climate change 2021-09-07 4:16 pm By Miklos Bolza

Two law firms behind landmark courtroom battles over climate change say they’re seeing a greater appetite for litigation by individuals and corporations who are concerned about the impacts of climate change and the government’s inaction on the issue.

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FMC faces class action investigation into Overwatch weed killer
Class Actions 2021-09-07 3:43 pm By Bianca Hrovat

US agricultural chemical giant FMC Corporation is facing a potential class action by grain farmers following reports of crop bleaching allegedly caused by its newly introduced Overwatch herbicide.

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Full Court slams judge’s reasons as ‘disordered stream of consciousness’
Employment 2021-09-07 6:10 pm By Miklos Bolza

The Full Federal Court has issued a severe rebuke to a judge for his decision in an employment dispute, calling the judgment a “disordered stream of consciousness” and saying it had no choice but to send the matter back for a retrial.

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Allianz units fined $1.5M for misleading insurance sales on Expedia
Insurance 2021-09-07 2:23 pm By Cindy Cameronne

Allianz Australia and its travel insurance unit AWP Australia have been hit with $1.5 million in penalties in ASIC’s case alleging the insurance companies misled customers while selling travel insurance on Expedia websites.

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