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Ford to face unconscionable conduct claim at marathon PowerShift trial
Allens 2019-01-24 3:16 pm By Miklos Bolza

Car giant Ford will face a claim of unconsionable conduct in a trial of a class action over its defective PowerShift transmission that is now scheduled to run twice as long as originally thought, but claims on behalf of second-hand Ford vehicle owners are out.

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Leyonhjelm a no-show in Hanson-Young defamation appeal
Defamation 2019-01-23 3:31 pm By Miklos Bolza

Barristers for Senator David Leyonhjelm failed to turn up to the first case management hearing in the politician’s own appeal of the court’s dismissal of his bid to stay a defamation case brought by Senator Sarah Hanson-Young.

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Ultra Tune slapped with $2.6M fine for misleading franchisees, deceiving court
Competition & Consumer Protection 2019-01-18 4:25 pm By Christine Caulfield

National car repair franchise Ultra Tune has been ordered to pay a $2.6 million penalty, with a judge finding the firm had not only breached the Franchising Code and the Australian Consumer Law by misleading a prospective franchisee but also misled the court in its defence of the case brought by the consumer watchdog.

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Activist suing super fund REST over climate change plan can’t cap adverse costs
Allens 2019-01-18 3:29 pm By Cat Fredenburgh

An ecological landscaper suing the Retail Employees Superannuation Trust fund for an undeveloped climate change policy has lost an application for a maximum costs order in the public-interest case.

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Judge was wrong to halt cross-examination in Octaviar class action, court hears
Appeals 2019-01-17 9:00 pm By Miklos Bolza

A judge that dismissed an investor class action against the Public Trustee of Queensland over the failure of investment firm Octaviar Group improperly intervened in the cross-examination of one of the class’ witnesses, one of the judges that will hear an appeal of the dismissal was told.

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Craig McLachlan wins stay of defamation case amid criminal charges
Banki Haddock Fiora 2019-01-17 2:28 pm By Miklos Bolza

Actor Craig McLachlan has won a bid to stay his defamation case against actress Christie Whelan Browne, Fairfax Media and the ABC in light of recent indecent assault charges brought against him, with a judge finding the cases deal with identical subject matter.

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DLA Piper sued by QC, junior barrister over $370,000 in unpaid fees
Article 2019-01-16 10:13 pm By Christine Caulfield

A Queens Counsel and a junior barrister at the Victorian Bar are taking DLA Piper to court, accusing the law firm of failing to pay more than $370,000 in fees.

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Spotless judgment clarifies redundancy payment exception
Australian Government Solicitor 2019-01-16 5:14 pm By Miklos Bolza

Spotless Services violated the Fair Work Act by failing to pay redundancy for workers employed at Perth International Airport, a court has found, in a ruling that clarifies when employers are on the hook for redundancy payments.

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VW knew about defeat software but ACCC doesn’t need to prove it, court told
Australian Government Solicitor 2019-01-15 9:25 pm By Miklos Bolza

The ACCC does not need to prove Volkswagen knew about the diesel emissions software at the heart of its action against the car giant — that’s just a factor that will magnify penalties in the case, the regulator has told a court.

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Atomic coffee machine distributor roasted in appeal of trade mark decision
Bird & Bird 2019-01-15 8:30 pm By Christine Caulfield

The Australian distributor of Atomic coffee machines has lost a Federal Court appeal of an IP Australia decision allowing the registration of the Atomic trade mark by a South Perth cafe, with a judge slamming her evidence on the stand as untruthful.

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