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Judge orders $75,000 penalty in ACCC’s case against Jayco
ACCC 2021-05-03 6:43 pm By Cindy Cameronne

A judge has hit caravan manufacturer Jayco with a $75,000 penalty in proceedings launched by the ACCC, finding the company made a false or misleading representation to a customer about their consumer guarantee rights.

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WA denies breach of duty in stolen wages class action
Alexander Edwards 2021-05-03 6:05 pm By Miklos Bolza

The Western Australian state government has hit back at a class action brought by Indigenous workers seeking to recover unpaid wages, saying there was no breach of duty because the law at the time allowed the workers to be employed without pay.

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Court OKs $440M settlement in Queensland floods class action
Class Actions 2021-05-03 2:46 pm By Christine Caulfield

A $440 million settlement by the State of Queensland and dam operator Sunwater resolving a class action over the 2011 Queensland floods has been approved by a NSW judge.

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Futura Resources unit loses appeal of R&D tax offsets over coking coal project
Andrew Bailey 2021-05-03 12:06 pm By Miklos Bolza

A unit of coal mining company Futura Resources has failed to convince the Full Federal Court to allow it to register a 2012 coking coal mine investigation conducted in Central Queensland for a research and development tax offset.

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Qantas wins eleventh hour injunction in dispute with Virgin-bound exec
Darrell Barnett 2021-04-30 11:06 pm By Cat Fredenburgh

Qantas has secured a temporary injunction from a Singapore court blocking a former company executive from starting a new position at competitor Virgin Australia.

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Hotel quarantine security firm sues Victoria over $9.7M in unpaid invoices
Clyde & Co. 2021-04-30 5:45 pm By Miklos Bolza

The Victorian government has been hit with a lawsuit by a security firm tasked with looking after 12 hotels used in the state’s troubled COVID-19 hotel quarantine program which seeks more than $9.7 million for allegedly unpaid invoices.

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Law firm should rethink putting up own solicitor as expert in group costs order bid, judge says
Catherine Hamilton-Jewell 2021-04-30 12:03 pm By Christine Caulfield

The judge overseeing the first ever bid for a group costs order in a class action that will give the plaintiff’s law firm a percentage cut of the proceeds has urged the firm to rethink characterising its own solicitor as an expert.

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Clive Palmer hit with $1.5M in damages for ‘contemptuous’ infringment of Twisted Sister anthem
Alexander Law 2021-04-30 10:23 am By Miklos Bolza

A judge has ordered mining magnate Clive Palmer to pay damages of $1.5 million to Universal Music for his “contemptuous” behaviour in infringing “substantial parts” of Twisted Sister’s 1985 heavy metal hit ‘We’re Not Gonna Take It’ in advertisements for his political party.

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Ben Roberts-Smith accused of threatening ex-wife ahead of defamation trial
Bruce McClintock 2021-04-29 7:18 pm By Cindy Cameronne

Ben Roberts-Smith threatened legal action against his ex-wife, who is set to give evidence against him in an upcoming defamation trial, if she disclosed information to Fairfax’s lawyers that is subject to a confidentiality agreement, a court has heard.

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Divided appeals court says judge’s grilling of expert witness ‘quite involved’ but not excessive
Acting Justice Carolyn Simpson 2021-04-29 5:02 pm By Christine Caulfield

An appeals court has split on whether a judge’s grilling of an expert witness in a personal injury case was appropriate, with the dissenting judge saying the questioning — which took up more than two-thirds of the cross examination — was excesssive, and hostile in parts.

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