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‘Welfare dependency’ relevant in age pension class action, court told
Australian Government Solicitor 2022-05-30 1:18 pm By Christine Caulfield

Fighting a class action that claims the age pension discriminates against Indigenous Australians because of differences in life expectancy, the Commonwealth says the rate of welfare dependency among Aboriginal and Torres Strait Islanders could impact the case.

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No hard time limit on criminal charges against ME Bank, prosecutors say
ASIC 2022-05-18 1:09 pm By Christine Caulfield

Challenging a ruling that tossed half the charges brought against direct bank Members Equity, prosecutors have told an appeals court the ASIC Act does not impose a strict deadline for bringing a criminal case of misleading or deceptive conduct.

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Judge says vaccine lawsuit against Monash Health was not ‘doomed to fail’
Chief Justice Debra Mortimer 2022-03-31 7:06 pm By Sam Matthews

A judge has declined to award costs against a group of nurses who recently dropped their Fair Work lawsuit against Monash Health, saying the case was not “doomed to fail” and noting the “extremity” of the Victorian government’s vaccine mandate for workers.

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Torres Strait Islanders lay out duty of care claims in climate class action
Alicia Lyons 2022-03-21 2:10 pm By Miklos Bolza

The lead applicants in a class action by Torres Strait Islanders have detailed their argument for why the federal government has a duty of care to protect them from the effects of climate change, following a Full Court judgment that shot down the duty of care argument in a class action by Australian teenagers.

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Government rejects duty of care owed in latest climate change class action
Alicia Lyons 2022-02-28 4:35 pm By Miklos Bolza

The Morrison government has rejected class action claims that it owes a duty of care to Torres Strait Islanders to protect them against the negative effects of climate change, claiming the alleged duty cannot apply to high level government policy.

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Unvaxxed nurses drop lawsuit against Monash Health
Chief Justice Debra Mortimer 2022-02-11 4:05 pm By Sam Matthews

A group of nurses have dropped their lawsuit against Monash Health alleging the hospital provider threatened to take adverse action against them for failing to get vaccinated against COVID-19.

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Judge signs off on $9.4M payday for Maurice Blackburn in NT class action
Chief Justice Debra Mortimer 2021-12-16 4:04 pm By Miklos Bolza

A judge has signed off on a $35 million settlement in a class action against the Northern Territory government over alleged human rights abuses against youth detainees, including $9.4 million in fees for Maurice Blackburn.

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Govt wants clarity on climate change class action by Torres Strait Islanders
Anna Mitchelmore 2021-11-23 3:37 pm By Cindy Cameronne

A judge overseeing a climate change class action against the government will be invited to visit the Torres Strait to see the alleged erosion of sacred sites, but before then the Commonwealth is seeking details on when it allegedly knew of the effects of global warming and the scope of its alleged duty of care.

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$35M settlement in NT youth detention class action a ‘discount’, court hears
Chief Justice Debra Mortimer 2021-11-08 9:14 pm By Cindy Cameronne

The Northern Territory’s agreement to pay $35 million to settle a class action on behalf of 1,200 young people who allegedly suffered human rights abuses while in detention was a “discount” on the claimed value of compensation owed, a court has heard.

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Binding statement as good as class action in age pension case, judge told
Australian Government Solicitor 2021-11-01 8:28 pm By Bianca Hrovat

The federal government is seeking to avoid a representative proceeding brought on behalf of Indigenous men alleging its failure to “close the gap” in life expectancy necessitates a lower age eligibility for their fair and equal access to the age pension.

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