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Casual worker test case to be heard by Full Court
Ashurst 2018-12-21 11:59 pm By Christine Caulfield Melbourne

A case that challenges the test for determining casual employment under the Fair Work Act is a matter of public importance and will be heard by the Full Federal Court, the court’s top judge has said.

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Crown Resorts wins dispute over Barangaroo casino views
Ashurst 2018-12-14 5:26 pm By Miklos Bolza Sydney

James Packer’s Crown Resorts has won a lawsuit against the NSW government for allegedly failing to protect sweeping views of the Sydney Harbour from its planned luxury casino in the Barangaroo area.

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Takata air bag class actions can claim car makers’ silence was deceptive
Allens 2018-12-12 10:05 pm By Miklos Bolza Sydney

Seven class actions against auto makers that sold cars equipped with defective Takata airbags can allege the car makers’ silence constituted misleading and deceptive conduct.

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ALRC’s ‘leave to proceed’ proposal slammed as de facto class certification
Allens 2018-11-26 1:29 pm By Cat Fredenburgh Melbourne

A late proposal by the Australian Law Reform Commission to introduce a ‘leave to proceed’ mechanism into class actions has been blasted by a major litigation funder and a plaintiffs-side law firm as a de facto class certification procedure that would ramp up costs and add years of delay to cases.

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Freight cos. slam ACCC’s collusion case over rail deal at start of trial
Ashurst 2018-11-19 11:51 pm By Christine Caulfield Melbourne

Pacific National would not misuse its market power after taking control of an important rail terminal in Brisbane because that would be “irrational”, the Federal Court heard Monday at the start of a two-week trial in the competition watchdog’s case alleging the rail giant colluded with competitor Aurizon to become the dominant operator of key freight corridors.

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Funder wants major role in common fund challenge
Allens 2018-11-12 8:58 pm By Miklos Bolza Sydney

Litigation funder Regency Funding has sought leave to intervene as a major player in one of two challenges to the courts’ powers to issue common fund orders in class actions, but it might have a fight on its hands.

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Adero argues class action should be heard before casuals test case
Adero Law 2018-11-08 10:29 pm By Cat Fredenburgh Melbourne

Adero Law is seeking to intervene in a Federal Court case against WorkPac over the rights of casual workers, arguing a class action it plans to bring against the labour hire firm should be heard first.

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Challenges to common fund orders to be heard together, Chief Justice says
Allens 2018-11-08 9:53 pm By Christine Caulfield Sydney

Two far-reaching appeals challenging the court’s power to order all members of an open class action to pay a litigation funder will be heard together, and soon, the Federal Court’s top judge said Thursday.

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ACCC won’t oppose Fairfax, Nine merger
Ashurst 2018-11-08 11:25 am By Cat Fredenburgh Melbourne

The ACCC said Thursday that while the merger of Fairfax Media with Nine Entertainment is likely to reduce competition among media providers, it will not oppose the tie-up.

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Judge can’t see ‘sinister pattern’ in Geoffrey Rush’s behaviour
Ashurst 2018-11-07 10:16 pm By Miklos Bolza Sydney

The judge overseeing Geoffrey Rush’s defamation trial interjected in Nationwide News’ closing submissions on Wednesday, expressing doubt about the publisher’s interpretation of evidence — including a text message with a tongue emoji Rush sent to his accuser — said to back its defence in the case.

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