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Over ‘intransigent’ ACCC, judge says Retail Food Group case can be decided with store sample
ACCC 2022-08-19 11:20 pm By Sam Matthews Melbourne

A judge has ordered that the ACCC’s case alleging Retail Food Group misled franchisees be run on a sample basis, saying the regulator’s opposition to the idea “smacks of a lack of confidence in its own case.”

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‘Concerned’ judge wants answers from AMP on remediation program
AMP 2022-08-19 11:05 pm By Cindy Cameronne Sydney

A judge has raised concerns that AMP Financial Planning has not compensated customers for allegedly failing to prevent life insurance churning, directing the firm to explain the “vanishingly small” number of people who have been remediated.

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Forum Finance judge recuses himself after questioning director’s credibility
Allens 2022-08-19 9:51 pm By Cindy Cameronne Sydney

A Federal Court judge has recused himself from hearing a fraud trial against Forum Finance, after expressing that he had an “unfavourable” impression of director Vince Tesoriero’s reliability as a witness.

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Telstra not liable for ‘sickening’ sexual harassment by employee who stole confidential info
David Pritchard 2022-08-19 3:28 pm By Sam Matthews Melbourne

A judge has found that Telstra cannot be held liable for the sexually harassing conduct of a former employee who allegedly accessed confidential contact information to launch a four-year campaign of harassment against his next-door neighbours.

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Swing and whiff: Palmer Leisure can’t dodge lawsuit over political donation
Alexander Law 2022-08-18 11:47 pm By Sam Matthews Melbourne

A judge has rejected a bid by Clive Palmer-owned Palmer Leisure Australia to throw out legal action by the Electoral Commission of Queensland over donations the golf course management company made to Palmer’s United Australia Party in 2020.

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Ex-Orix boss appeals ruling allowing fleet company set-off defence
Alice Zheng 2022-08-18 11:32 pm By Christine Caulfield

The sacked boss of fleet management Orix Australia, who is seeking $1 million in unpaid leave, wants to challenge a decision allowing the company’s defence that anything it owes is set off by the losses the former CEO allegedly caused.

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Sacked sports journalist loses appeal over coverage of ‘vivid and disgusting’ comments
Acting Justice Carolyn Simpson 2022-08-18 11:24 pm By Sam Matthews Melbourne

Former Channel 7 rugby league journalist Josh Massoud has lost an appeal of a decision clearing multiple media outlets of defamation over reports alleging he threatened to kill and defile the corpse of a young reporter.

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Ford class action judge says $100,000 appeal notice to group members pointless
Allens 2022-08-18 11:18 pm By Cindy Cameronne Sydney

Despite noting that a class action trial and appeal were “unusual”, a judge overseeing a long-running class action against Ford has refused an application to send a notice to group members about a coming appeal in the case.

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No jackpot for Aristocrat, with High Court split on computer-implemented inventions
Appeals 2022-08-17 11:12 pm By Cindy Cameronne Sydney

Gaming giant Aristocrat Technologies has lost its legal challenge to a decision that rejected a patent for its popular Lightning Link electronic poker machine, after six High Court Justices were equally split on whether it could be patented.

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In defamation victory, High Court finds Google not a publisher
Bret Walker 2022-08-17 3:35 pm By Cindy Cameronne Sydney

Google has won its appeal of a judgment awarded to gangland lawyer George Defteros that found the tech giant liable for linking to an allegedly defamatory article, with the High Court finding Google was not the publisher of the story.

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