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REST questions duty of care in lawsuit over climate change disclosures
Allens 2019-04-02 7:51 pm By Miklos Bolza

The trustee of the Retail Employees Superannuation Trust wants more details about an ecological landscaper’s allegation that it breached its duty of care by failing to make adequate disclosures about climate change risks.

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Judgment looms in Geoffrey Rush defamation case
Ashurst 2019-04-01 10:56 pm By Cat Fredenburgh

Judgment is expected next week in the closely watched defamation suit brought by actor Geoffrey Rush against Nationwide News, with the ruling expected to generate considerable attention amid a spate of recent high-dollar awards in defamation cases and as the country embarks on an ambitious overhaul of its defamation laws.

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Ethicon pelvic mesh class wants expanded group definition, again
Class Actions 2019-04-01 8:36 pm By Miklos Bolza

A class action against Johnson & Johnson unit Ethicon over allegedly faulty pelvic mesh implants is once more vying for an expanded group definition ahead of settlement talks as the clock ticks down to judgment.

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Deep Investments can’t take another shot at case, Full Court says
Appeals 2019-04-01 2:28 pm By Cat Fredenburgh

The Full Court has denied a bid by Deep Investments to vary orders dismissing its case against a solicitor and six others over $10 million in alleged share trading losses, saying this would amount to allowing the investment adviser to bring a different claim.

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Casual worker class actions put on hold amid WorkPac Full Court appeal
Adam Hochroth 2019-04-01 1:14 pm By Miklos Bolza

Two Adero Law-led class actions against Hays Specialist Recruitment and Stellar Personnel have been put on hold amid a looming Full Court appeal by Workpac which is expected to clarify the definition of casual work in Australia.

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Trial in novel employment class action against Airservices set to begin
Adam Hochroth 2019-03-29 8:39 pm By Miklos Bolza

Trial in a class action over employment contracts for Airservices’ managers that allegedly left the staff worse off than relevant enterprise agreements kicks off Tuesday, with the parties first battling it out over whether the agreements even cover the employees.

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Education Department got bad advice from Clayton Utz, court told
Allens 2019-03-28 8:57 pm By Miklos Bolza

Clayton Utz’s advice to the Department of Education that it could supply details to the ACCC about documents seized in an Australian Federal Police raid of Phoenix Institute of Australia’s offices was incorrect, the collapsed educational company told the court as it flagged a possible application to shut down the consumer watchdog’s case.

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Thiess, 85-year-old woman liable in Parkerville bushfire class action
Class Actions 2019-03-27 9:13 pm By Miklos Bolza

A 2014 bushfire sparked by a termite-infested electrical pole that destroyed 57 homes was the fault of sub-contractor Thiess Services and the owner of the land on which the pole sat, a court has found.

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Reckitt using court to beat competitors, AFT tells judge in spat over Maxigesic ads
Competition & Consumer Protection 2019-03-27 3:26 pm By Miklos Bolza

AFT Pharmaceuticals has accused rival Reckitt Benckiser of using the court as a “clearance house” to beat its competitors, the latest development in a long-running dispute over AFT’s Maxigesic ads.

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Viterra can’t shield identity of maltsters that engaged in dodgy business practices
Agriculture 2019-03-27 2:01 pm By Cat Fredenburgh

The judge overseeing the lengthy trial between agricultural giants Cargill and Viterra over the $420 million sale of malt producer Joe White has shot down Viterra’s request to shield the identity of malting companies that allegedly engaged in shady business practices, including using a banned substance to produce malt.

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