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Going Wayback: The current state of using wayback machine evidence in court
Expert Insights 2019-09-27 8:45 pm By Editor

The admissibility of print-outs from the “Wayback Machine – Internet Archive” website is increasingly being considered by the Federal Court of Australia. The decision of Justice Burley in Dyno Nobel Inc v Orica Explosives Technology Pty Ltd on September 17 provides clear insight to the court’s approach to Wayback evidence and the circumstances in which it might be admissible, writes Bird & Bird’s Lynne Lewis and Angelica Sorn.

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Israel Folau offered to apologise for homophobic rant, Rugby Australia tells court
Employment 2019-09-25 11:17 pm By Christine Caulfield

Former Wallabies star Israel Folau offered to make a public apology for a homophobic social media slur that got him fired, a court has been told.

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Sunglass Hut underpaid hundreds of part-time workers $2.3M
Employment 2019-09-24 10:17 pm By Christine Caulfield

Retail chain Sunglass Hut has agreed to backpay 620 workers almost $2.3 million after admitting it underpaid its part-time staff in stores across Australia for six years.

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Election challenge against Josh Frydenberg, Gladys Liu may need three judges
Article 2019-09-24 8:50 pm By Miklos Bolza

A challenge against the election of federal Treasurer Josh Frydenberg and embattled Liberal MP Gladys Liu may be heard by a panel of three judges, Federal Court Chief Justice James Allsop said Tuesday, as the matter speeds towards a possible November hearing.

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Funder succeeds in declaration enforcing its class action agreements
Expert Insights 2019-09-24 1:33 pm By Editor

This month’s decision by the Queensland Supreme Court confirming the validity of the class action funding business model in jurisdictions whose legislatures have not abolished the tort of maintenance and champerty is a landmark one, writes Piper Alderman partners Greg Whyte and Lillian Rizio.

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ACCC wins record $26.5M penalty against Empower Institute
Competition & Consumer Protection 2019-09-20 1:34 pm By Cat Fredenburgh

The ACCC has won a record $26.5 million penalty against defunct vocational trainer Empower Institute for “duping” disadvantaged customers into enrolling in courses they couldn’t afford with the promise of free laptops and cash.

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ACCC issues guidance on competition risks in IP transactions: Beware the inadvertent cartel
Expert Insights 2019-09-19 12:47 pm By Editor

The ACCC has issued final guidelines on how Australia’s competition laws will apply to intellectual property assignments and licences following the repeal of the ‘IP exemption’ from prohibitions on anti-competitive conduct which was contained in subsection 51(3) of the Competition and Consumer Act. As of September 13 the IP exemption no longer applies, however, certain worked examples remain undeveloped or unrealistic, such that uncertainties remain as to the ACCC’s likely approach in particular matters, writes Patrick Gay and Amalia Stone of Herbert Smith Freehills.

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ABC keeps up fight for federal police docs behind search warrant
Article 2019-09-17 10:26 pm By Christine Caulfield

The ABC is challenging a court ruling last month that rejected its bid to access documents behind the Australian Federal Police’s warrant to search its headquarters and partially blocked an application to amend claims in its case over the legality of the raid.

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MACH Energy settles $20M lawsuit by former director
Employment 2019-09-17 10:18 pm By Cat Fredenburgh

Mining firm MACH Energy has resolved a lawsuit brought by a former director seeking $20 million in shares allegedly owed under an equity incentive scheme.

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Groundhog day for privacy tort
Expert Insights 2019-09-17 2:53 pm By Editor

The ACCC’s recommendation in its digital inquiry report for a statutory cause of action for serious invasions of privacy has merit as a mechanism to safeguard individual’s privacy where it is not protected by the Privacy Act or the patchwork of surveillance and related legislation. But it remains to be seen whether there will be any greater governmental impetus than on previous occasions to make the legislative changes required, writes Gilbert + Tobin partner Melissa Fai and lawyer Stephanie Essey.

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