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High Court hands Mitsubishi a win in case over fuel efficiency labels
Competition & Consumer Protection 2023-12-13 3:52 pm By Christine Caulfield

Mitsubishi Motors has prevailed before the High Court in a challenge to a ruling that it breached the consumer laws by affixing a fuel efficiency label to its Tritons, in a decision that puts a dent in a class action on behalf of tens of thousands of drivers.

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Inquiry into judge a ‘flagrant interference’ by executive, group says
Legal Ethics 2023-12-08 10:31 pm By Cindy Cameronne

The peak body for Australian judges has condemned an inquiry into a Supreme Court Justice reportedly charged with assault, saying that it will have sweeping powers that interfere with the judiciary’s independence and violate “basic notions of fairness”.

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Legal watchdog can seek orders against anti-vax lawyer
Legal Ethics 2023-12-08 5:17 am By Cindy Cameronne

The Council for the Law Society of NSW can seek disciplinary findings against a solicitor who was previously banned over social media posts encouraging people to flout COVID-19 mandates and representing that a judge condoned rape and murder.

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High Court overturns class action waiver finding in Ruby Princess case
Class Actions 2023-12-06 10:50 am By Cindy Cameronne

The High Court has overturned a ruling that barred foreign passengers from a class action over the ill-fated Ruby Princess cruise in 2020, finding a class action waiver in the terms and conditions of their tickets was unenforceable under Australia’s consumer laws.

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Dick Smith CFO stuck with $57M judgment after High Court revokes special leave
Appeals 2023-12-06 4:54 pm By Christine Caulfield

Former Dick Smith CFO Michael Potts is on the hook for paying $57 million in damages to National Australia Bank after the High Court on Wednesday revoked its grant of special leave, finding he did not raise a legal question of public importance.

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High Court says real estate agency not liable for developer’s source code theft
Intellectual Property 2023-12-06 4:10 pm By Cindy Cameronne

The High Court has found Victorian real estate agency Biggin & Scott did not authorise through “indifference” the theft of Campaigntrack’s source code by a software developer it hired to create a cloud-based real estate marketing platform.

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Supreme Court gets back up as NSW minister spruiks industrial tribunal
Courts 2023-12-01 11:44 pm By Christine Caulfield

In a rare public statement, the NSW Supreme Court has sought to correct what it says are inaccuracies in comments by the state industrial relations minister contrasting it unfavourably with a proposed new court dedicated to workplace disputes.

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Court OKs 30% GCO for law firm running hotel quarantine class action
Class Actions 2023-11-30 11:27 pm By Cat Fredenburgh

The firm behind a class action over Victoria’s COVID-19 hotel quarantine debacle has won a group costs order providing for a 30 per cent contingency fee, after promising it won’t ask for more down the road.

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‘A blight on our community’: Judge slams overly complex Corporations Act
Courts 2023-11-29 5:04 pm By Cindy Cameronne

A retiring Federal Court judge who served on the bench for almost two decades has railed against court fees “that no ordinary person can afford” and overly complex legislation, including the Corporations Act, which he called a “blight on our community”.

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Ex-ANZ unit hit with $5M penalty for fees-for-no-service conduct
Superannuation 2023-11-29 4:40 pm By Cat Fredenburgh

Former ANZ superannuation trustee OnePath Custodians has been hit with a $5 million penalty for charging superannuation members more than $4 million in fees that it was not entitled to.

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