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Federal Court grapples with own practice note in IAG insurance class action
Bannister Law 2020-03-10 4:59 pm By Miklos Bolza

With the common fund order tossed in a class action against two IAG entities over allegedly worthless add-on insurance, a Federal Court judge on Tuesday was asked to grapple with a practice note in determining when to notify group members of a possible order to “equitably and fairly” distribute the legal costs and funding commission in the proceedings.

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Telstra wins dispute with councils over installation of smart payphones
Advertising 2020-03-10 3:16 pm By Christine Caulfield

Telstra has won its battle with Melbourne, Sydney and Brisbane over a planned upgrade of its payphone network across Australia, with a judge ruling the teleco did not need planning permits to install the next generation, digital phone booths.

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Trivago appeals ruling it misled customers with hotel listings
ACCC 2020-03-10 12:53 pm By Cat Fredenburgh

Hotel booking aggregator Trivago has appealed a ruling that it misled consumers about its cheapest price promise by arranging listings according to payments it received instead of the hotel room price.

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Director’s illness no excuse to dodge employee PAYG, super payments, appeals court finds
Acting Justice Reginald Barrett 2020-03-09 5:38 pm By Miklos Bolza

A restaurant director will have to pay over $33,000 in unpaid tax after an appeals court found that despite a prolonged period of severe illness it was still reasonable to expect that management of the business and the fulfillment of tax obligations would continue.

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Producer behind Golden Girls puppet show loses defamation case against collaborators
Banki Haddock Fiora 2020-03-09 5:30 pm By Christine Caulfield

A theatre producer facing a lawsuit by his former collaborators for stealing the script for his off-Broadway puppet show parody of the 80s TV sitcom Golden Girls has lost his own legal action against them, which alleged they defamed him and engaged in misleading and deceptive conduct by talking to a New York Times reporter about their lawsuit.

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Bega did not waive legal professional privilege by probing cancer-stricken witness
Arnold Bloch Leibler 2020-03-09 12:52 pm By Miklos Bolza

Fonterra Brands has been blocked from accessing documents recording a witness statement made and later disputed by Bega’s executive chairman, in a dispute between the two dairy companies over a trade mark licence agreement.

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Court rules international passengers can join Scenic Tours class action
Acting Justice Ronald Sackville 2020-03-09 10:41 am By Cat Fredenburgh

International passengers from five countries have been given the go-ahead to join a class action alleging travel agency Scenic Tours owes damages to European cruise passengers forced to take buses when heavy rain flooded waterways to include.

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Judge orders graphic warning for Johnson & Johnson pelvic mesh products
Andrew Naylor 2020-03-06 8:57 pm By Alison Eveleigh

A judge has ordered Johnson & Johnson to include a graphic warning on the patient information leaflets and instructions for use that accompany four of its pelvic mesh products, following a class action over the devices which saw the three lead applicants awarded $2.6 million in damages.

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Liquidator criticised for ‘inheriting improper purpose’ in seeking to grill NRL boss
Farid Assaf 2020-03-06 6:22 pm By Miklos Bolza

A judge has set aside a liquidator’s bid for public examination of National Rugby League boss Todd Greenberg and another high-ranking officer, finding the summonses were an “abuse of process” and that the company behind them had entered into liquidation for the sole purpose of grilling the officials.

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Country Care fails in appeal of jury directions ruling in criminal cartel case
Appeals 2020-03-06 4:15 pm By Christine Caulfield

Country Care and two employees have lost an appeal of a first-of-its kind Federal Court ruling on jury directions in a criminal cartel case against the mobile equipment provider.

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