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‘Not a suitable vehicle’: Judge rejects bid to knock out Aldi class action
Class Actions 2024-02-09 9:17 pm By Sam Matthews

A judge has dismissed Aldiā€™s bid to have a class action alleging it underpaid Australian workers to the tune of $150 million summarily dismissed, saying the application was ā€œnot a suitable vehicleā€ to determine factual issues including whether a $17 million remediation nullifies the class actionā€™s claims.Ā 

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Block Earner needed financial services licence to offer crypto product, court says
Cryptocurrency 2024-02-09 11:57 pm By Christine Caulfield

Digital currency exchange Block Earner needed a licence to offer its crypto-backed Earner product, a court has found in one of the first decisions on the application of financial services law to crypto investments.

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Judge says settlement offers should operate as bulwark against costs in class actions
Class Actions 2024-02-09 10:10 pm By Cindy Cameronne

A judge has held that there could be favourable costs consequences for Carnival if its rejected $15 million settlement offer in the Ruby Princess class action turns out to be more generous than the ultimate damages award, departing from a previous ruling that so-called Calderbank offers do not operate in group proceedings.Ā 

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‘Smoke and mirrors’: Court puts spotlight on public servant pay workarounds in BOM exec’s case
Employment 2024-02-09 11:39 pm By Cat Fredenburgh

A former Bureau of Meteorology senior executive was unfairly fired after taking a business-class trip to Paris, a court has found in a case that shines a light on the practice by government agencies to get around remuneration limits on public servants.

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Detainees to launch class action against government in Federal Court
Human Rights 2024-02-08 11:34 pm By Cindy Cameronne

Asylum seekers who were put in immigration detention in South Australia can transfer their cases to the Federal Court to run their claims as a class action accusing the federal government of negligence and unlawful detention.

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Airbags class action against Volkswagen suffers High Court loss
Appeals 2024-02-08 10:28 pm By Cat Fredenburgh

The High Court has refused special leave in a failed class action against Volkswagen over allegedly defective Takata airbags.

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High Court won’t hear ex-Greenwoods partner’s appeal in Lendlease whistleblower case
Employment 2024-02-08 11:41 pm By Christine Caulfield

A former Greenwoods & Herbert Smith Freehills partner who alleges he was sacked for complaining about Lendlease’s “aggressive taxation position” has lost a bid to argue before the High Court that his claims are covered by new whistleblower protections.

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Samsung Bioepis sues Janssen Biotech to invalidate Stelara patents
Intellectual Property 2024-02-08 11:48 pm By Christine Caulfield

South Korean biosimilars company Samsung Bioepis has sued Johnson & Johnson’s Janssen Biotech to invalidate two patents for Crohn’s disease drug Stelara, after reaching a licencing agreement over the medicine in the US.

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Nervous shock awards ā€˜snowballingā€™, says Sparke Helmoreā€™s new health partner
Healthcare 2024-02-08 11:28 pm By Cindy Cameronne

Health law practitioners are grappling with ā€œsnowballing awardsā€ in claims over psychiatric injuries, according to Sparke Helmoreā€™s new health law partner.Ā 

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Judge makes no bones about trashing ‘Melbourne bone and joint clinic’ trade mark
Intellectual Property 2024-02-08 1:45 pm By Sam Matthews

A Melbourne orthopaedic clinic has lost its bid to register the name ā€˜Melbourne Bone and Joint Clinicā€™ as a trade mark, with a judge finding the phrase was just an ordinary combination of words.Ā 

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