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Merivale class action judge floats separate trial on enterprise agreement
Adero Law 2023-08-29 9:57 pm By Cindy Cameronne Sydney

A judge has said that an underpayments class action’s challenge to hospitality giant Merivale’s argument that it does not owe back wages because it relied on an enterprise agreement it believed was valid should be heard before trial. 

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United Petroleum class action fights ‘stultifying’ security bid
Anna Batrouney 2023-08-29 9:41 pm By Sam Matthews Melbourne

A franchisee class action against United Petroleum over the installation of allegedly loss-making Pie Face stores at its franchise sites is fighting two applications for security for costs which it says can’t be met, as funders take little interest in the case.

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Negligence suit tossed against expert retained in lawyer’s employment case
Amy Munro 2023-08-28 11:54 pm By Cindy Cameronne Sydney

A psychiatrist who gave expert evidence in a lawyer’s human rights case against his former employer cannot be sued for negligence because he is protected by witness immunity, a judge has found. 

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Construction PRO
Ex-Qantas worker can’t escape settlement deed to bring discrimination claim
Anca Costin 2023-08-28 11:49 pm By Christine Caulfield

A former Qantas customer service manager can’t undo a $75,000 settlement she reached to resolve a workers compensation claim in order to pursue a discrimination suit against the airline, a court has found.

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Construction PRO
Aged pensioner can’t revive class action against Social Services
Appeals 2023-08-28 11:42 pm By Cindy Cameronne Sydney

A self-represented aged pensioner has lost his bid to revive a class action against the Department of Social Services over its real estate asset testing for pensions, with a judge saying that a legal practitioner must represent group members. 

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Construction PRO
Three law firms team up in battle to run class action against Downer
Amy Campbell 2023-08-28 11:31 pm By Sam Matthews Melbourne

The field of competitors in a four-way contest to run a shareholder class action against Downer EDI over a $40 million profit overstatement has narrowed with the consolidation of three cases, leaving one firm to face criticism over its comparative inexperience running group proceedings. 

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Construction PRO
Higgins, Lehrmann expected to take stand at defamation trial
ABC 2023-08-28 11:23 pm By Cindy Cameronne Sydney

The judge hearing a trial in defamation cases by former Liberal staffer Bruce Lehrmann against TV broadcasters ABC and Ten has said he expects both Lehrmann and alleged rape victim Brittany Higgins to take the witness stand.

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Construction PRO
Care A2 can’t block Gensco’s US lawsuit over soured baby formula deal
Competition & Consumer Protection 2023-08-28 10:31 pm By Cat Fredenburgh

A judge has refused infant formula company Care A2’s bid to block US business partner Gensco from filing a lawsuit in Florida that overlaps with a $200 million suit filed in Australian court over a deal to sell formula in the US amid a supply shortage.

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Construction PRO
Judge recuses himself from OSI’s bid for evidence in Roberts-Smith case
Arthur Moses 2023-08-25 11:30 pm By Sam Matthews Melbourne

A judge who found that Ben Roberts-Smith committed war crimes has recused himself from deciding whether the Office of the Special Investigator can access evidence in the former SAS corporal’s defamation case for its own investigation into war crimes in Afghanistan.

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Citing ‘human cost of litigation’, judge urges settlement in Linda Reynolds defamation case
Defamation 2023-08-25 10:40 pm By Cat Fredenburgh

The judge hearing a lawsuit by senator Linda Reynolds against the partner of former Liberal staffer Brittany Higgins over allegedly defamatory social media posts has urged the parties to resolve the matter outside of court, citing the “psychological strain” and “emotional stress” of litigation.

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