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Courts should be flexible on laws in COVID-19 pandemic, says Virgin Australia judge
Clayton Utz 2020-04-29 3:08 pm By Christine Caulfield

The COVID-19 pandemic and government social distancing restrictions were reasons to be flexible in applying and adapting the law, the judge overseeing the administration of Virgin Australia has said in exempting administrators from liability for unpaid leases and allowing Thursday’s meeting of the airlines’ creditors to be held by teleconference.

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Domino’s Pizza delivered date to strike out class action claims
Class Actions 2020-04-29 2:28 pm By Alison Eveleigh

A date has been set in Domino’s bid to strike out parts of the statement of claim in a class action alleging franchisees underpaid thousands of workers across Australia for five years.

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Global law firm may face breach of trust claim over $27M award
Arbitration 2020-04-28 8:40 pm By Alison Eveleigh

A law firm with a global footprint is facing a possible breach of trust lawsuit in relation to $27 million it held as security for costs in an international arbitration.

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Government loses case claiming $325M over generic Plavix delay
Acting Justice Arthur Emmett 2020-04-28 6:05 pm By Miklos Bolza

A court has dismissed a claim by the Australian Government for $325 million against pharmaceutical companies Sanofi and Bristol-Myers Squibb allegedly owed for excess subsidies it paid for blood-thinner Plavix as a result of an interlocutory injunction blocking a generic version of the blockbuster drug.

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Judge approves $32.4M settlement in CIMIC shareholder class action
Allens 2020-04-28 3:46 pm By Alison Eveleigh

A judge has signed off on a $32.4 million settlement in a shareholder class action against engineering services firm CIMIC, including a hefty legal bill for the firm that brought the case.

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Qantas sued for denying sick leave to stood-down workers
Ashurst 2020-04-28 3:33 pm By Miklos Bolza

Qantas breached the Fair Work Act by failing to pay personal carers leave and compassionate leave to employees stood down in response to the coronavirus pandemic, including one battling cancer and another awaiting triple bypass surgery, a court has heard.

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Law firm hits Uber with another class action after court loss
Class Actions 2020-04-28 12:15 pm By Christine Caulfield

A plaintiffs law firm has fired off another class action against Uber after losing a bid to amend the group definition in a class action brought against the ride-sharing giant last year.

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High Court takes up Westpac fight against ASIC personal advice case
Allens 2020-04-27 4:54 pm By Miklos Bolza

The High Court has agreed to hear a challenge by Westpac to a ruling in favour of ASIC that found the bank violated its duty to act in customers’ best interests during a superannuation rollover campaign, a case that could clarify the line between personal and general financial advice.

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Rejecting ‘highly experimental’ alternative, judge vacates Motorola, Hytera copyright trial
Angus Lang 2020-04-27 4:30 pm By Cat Fredenburgh

A judge has vacated the next stage of an intellectual property fight between Motorola and Hytera Communications because of laws prohibiting witnesses located in China from giving unauthorised evidence via videolink, rejecting a “highly experimental procedural remedy” proposed by Motorola.

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Judge rejects funder’s bid to send Banksia class action fee dispute to mediation
Arnold Bloch Leibler 2020-04-27 4:05 pm By Christine Caulfield

The funder behind the Banksia Securities class action has failed in a bid to have an outstanding case over legal fees and its commission sent to mediation, with a judge saying the issues for trial involve allegations against lawyers of serious misconduct not appropriate for closed-door negotiations.

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