Appeals

High Court rejects Qantas appeal in ground crew sacking case

The High Court has unanimously dismissed an appeal by Qantas over its decision to outsource its 1,700-strong ground crew at the peak of the COVID-19 pandemic, finding that employers are prohibited from taking adverse action in relation to existing as well as future rights.

Ashurst

I’m afraid AI can’t do that: Law firms say smart tech uses limited

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While the use of artificial intelligence is becoming more commonplace in law firms, it has not yet transformed the practice of law, with lawyers reporting that concerns about privacy, reliability, and liability mean the application of AI remains limited.

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Defamation

Lawyer’s defamation case fails serious harm test, judge finds

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A judge has dismissed a Sydney lawyer’s defamation case over an AI-generated story that accused her of trying to defraud $16,000 from David Jones, saying she had admitted to deceitful acts and had not suffered serious harm. 

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Andrew McRobert

Holden dealers reject GM’s bleak alternate reality in class action

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Holden dealers in a class action over GM’s decision to retire the brand in March 2020 have taken issue with the car maker’s counterfactual in defence, which argues the plant supplying Holden’s best-selling models would have closed anyway.

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Financial Services

Zip offered Firstmac $4M to settle trade mark suit

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Buy now, pay later company Zip Co offered $4 million to settle a lawsuit by mortgage provider Firstmac alleging infringement of its ‘Zip’ trade mark which it ultimately defeated.

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Defamation

Nine, News Corp defeat defamation suits over Central Coast crime coverage

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A judge has thrown out defamation lawsuits by the partner of a man accused of being a Central Coast gang member in coverage by Nine and the Daily Telegraph, finding the stories never identified her. 

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Australian Government Solicitor

CBA deserves max penalty for $16.4M in underpayments, court told

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CBA should pay a penalty of $12.8 million — close to the maximum penalty the court can impose on the bank — for underpaying its staff to the tune of $16.4 million, a judge has heard.

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Employment

Mosaic Brands boss told GM paying $275K bonus would land him in jail, suit says

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A former general manager at Noni B owner Mosaic Brands claims she was sacked after she pressed the fashion retailer to pay out a $275,000 retention bonus, alleging she was told things could “get messy” if she sought legal advice.

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Appeals

High Court to rule on reach of workplace law in high-stakes Qantas case

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The High Court will deliver judgment Wednesday in an appeal by Qantas over its decision to sack its ground crew at the height of COVID-19, a ruling that could determine the scope of adverse action protections under the Fair Work Act.

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ACCC

ANZ, Suncorp gear up for fight with ACCC over $4.9B merger

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A battle with the competition regulator over the proposed ANZ, Suncorp tie-up has begun, with the first clash involving a group of rival lenders that want their submissions to the ACCC kept under lock and key.

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