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Stolen Generations class action to continue despite $378.6M redress scheme
Class Actions 2021-08-05 9:43 pm By Bianca Hrovat

Surviving members of the Stolen Generations in the ACT, Jervis Bay and the Northern Territory are each set to receive upwards of $75,000 as part of a federal government redress scheme, but the law firm behind a class action over the forced separation of Indigenous families says its case will proceed for now.

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The Star loses bid to recover COVID-19 losses from insurers
Insurance 2021-08-05 9:39 pm By Miklos Bolza

The Star Entertainment Group will not be able to recoup losses at its casinos and hotels stemming from the COVID-19 pandemic, after a judge found the company’s $4 billion industrial special risks policy did not cover financial losses from government-imposed restrictions.

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TechnologyOne wins challenge to $5.2M judgment in exec’s unfair dismissal case
Employment 2021-08-05 9:29 pm By Miklos Bolza

Australian software company TechnologyOne has succeeded in its challenge to a $5.2 million judgment in an unfair dismissal case by a former high ranking executive, with an appeals court sending the matter back for a retrial.

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Brambles class action ‘sidesteps’ challenge to landmark class closure ruling, judge says
Class Actions 2021-08-05 9:21 pm By Cindy Cameronne

A judge has said the applicant in a class action against Brambles has “side-stepped” a challenge to a landmark class closure ruling that found there was no statutory power to shut out unregistered class action members, a decision that he said had “bedevilled” the courts.

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Manuka honey group in NZ loses fight against ‘Australian Manuka’ trade mark
Intellectual Property 2021-08-05 12:26 pm By Miklos Bolza

A New Zealand-based association representing manuka honey beekeepers has lost its opposition to an application for the ‘Australian Manuka’ trade mark by a Byron Bay honey producer, with IP Australia finding the word ‘manuka’ did not specifically refer to honey made in NZ.

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Freedom Foods to call boss as witness in former GC’s unfair dismissal case
Employment 2021-08-05 11:27 am By Miklos Bolza

Food and beverage manufacturer Freedom Foods will call its CEO and ex-group chairman to the stand in a case filed by the firm’s former group general counsel, who has dropped her lawyer and is now self-represented.

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In-N-Out Burger wants trade mark suit fast-tracked amid concerns over negative reviews
Intellectual Property 2021-08-04 7:08 pm By Bianca Hrovat

Popular American restaurant chain In-N-Out Burger is seeking to fast-track a trade mark lawsuit against an Australian food business which operates four “ghost kitchens”, citing negative reviews from allegedly misled customers.

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Businesses urged to check employment contracts after landmark High Court ruling
Employment 2021-08-04 5:33 pm By Miklos Bolza

Australian businesses have been urged to double check that their casual work contracts reflect a “true casual engagement” and ensure workers are properly classified following a landmark High Court ruling on casual worker classification.

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Law firm says High Court ruling not a death knell for casuals class actions
Class Actions 2021-08-04 2:52 pm By Miklos Bolza

The law firm that’s running seven class actions challenging the ‘casualisation’ of mine workers says the cases still have a way forward despite suffering a “disappointing setback” from the High Court’s finding that a Glencore mine worker was a casual employee because he worked on an “assignment-to-assignment” basis.

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Funder wants Full Court to throw out landmark class action ruling
Class Actions 2021-08-04 2:38 pm By Cat Fredenburgh

The funder backing a class action accusing two energy generators of gaming Queensland’s energy prices wants the Full Court to find the landmark Brookfield Multiplex ruling, which held that a litigation funding arrangement for a class action was a managed investment scheme, was wrongly decided.

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