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India travel ban faces Federal Court challenge
Australian Government Solicitor 2021-05-05 4:10 pm By Miklos Bolza Sydney

A 73-year old Australian man has filed a constitutional challenge to the Morrison government’s decision to ban travel from India amid a devastating surge in coronavirus cases in the country.

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Judge Salvatore Vasta accused of abuse of power in second lawsuit by jailed litigant
Courts 2021-05-05 2:56 pm By Christine Caulfield Melbourne

The owner of a Cairns tour company sentenced to 12 months’ jail for contempt of court by Federal Circuit Court judge Salvatore Vasta is seeking $2 million in damages in a lawsuit against the judge.

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TasPorts agrees it misused market power, but won’t pay penalty in ACCC case
ACCC 2021-05-05 1:39 pm By Christine Caulfield Melbourne

The ACCC has secured a misuse of market power declaration against Tasmanian government-owned TasPorts in the regulator’s first action under amended competition laws, but the ports company will not pay a penalty as part of an agreement to resolve the case.

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Crown class action can access Vic gaming watchdog’s interviews with employees
Class Actions 2021-05-05 1:34 pm By Miklos Bolza Sydney

A shareholder class action against Crown Resorts can access transcripts of interviews conducted by the Victorian gaming regulator with former top brass and two Crown employees who were arrested in China in 2016 as part of a crackdown on gambling

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Forge liquidators can expand insider trading case against Clough, directors
Anthony Willinge 2021-05-04 4:56 pm By Miklos Bolza Sydney

The liquidators of Forge Group have won court approval to expand their insider trading case against construction company Clough over the $187 million sale of its stake in the failed engineering and construction firm.

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Former QC, now judge hit with costs in negligent advice case
Construction 2021-05-04 3:29 pm By Cindy Cameronne Sydney

A former QC who is now a judge on the Victorian Supreme Court judge has been hit with costs following a ruling that he and a law firm acquired by Russell Kennedy provided negligent advice to a former client on a land purchase contract.

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Judge mulling $38.4M Estia settlement hears class closure rulings ‘plainly wrong’
Bernard Quinn 2021-05-04 2:49 pm By Miklos Bolza Sydney

A judge weighing a $38.4 million settlement in a shareholder class action against aged care provider Estia Health has been told that two NSW Court of Appeal judgments barring class closure were “plainly wrong”, but in deciding whether to lock group members out of the settlement the judge says he won’t need to grapple with the landmark rulings.

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Judge rejects 7-Eleven’s ‘risky’ bid for pre-trial ruling on objections to evidence
7-Eleven 2021-05-03 9:37 pm By Miklos Bolza Sydney

A judge has shot down what he called a “risky” but novel proposal by 7-Eleven for a pre-trial ruling on sample objections to the relevance of evidence in two franchise class actions.

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Judge orders $75,000 penalty in ACCC’s case against Jayco
ACCC 2021-05-03 6:43 pm By Cindy Cameronne Sydney

A judge has hit caravan manufacturer Jayco with a $75,000 penalty in proceedings launched by the ACCC, finding the company made a false or misleading representation to a customer about their consumer guarantee rights.

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WA denies breach of duty in stolen wages class action
Alexander Edwards 2021-05-03 6:05 pm By Miklos Bolza Sydney

The Western Australian state government has hit back at a class action brought by Indigenous workers seeking to recover unpaid wages, saying there was no breach of duty because the law at the time allowed the workers to be employed without pay.

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