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‘No one is above the law’: Judge calls for inquiry into Christian Porter
Justice Francois Kunc 2021-03-23 9:30 pm By Cindy Cameronne Sydney

An inquiry into whether Christian Porter is a fit and proper person to serve as Attorney-General following allegations that he raped a teenage girl more than 30 years ago would “advance” the rule of law, a NSW Supreme Court judge has said.

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ATO wins appeal over $2.3M Auctus R&D tax refund mistake
Alain Musikanth 2021-03-23 9:27 pm By Miklos Bolza Sydney

The Australian Taxation Office has successfully appealed a Federal Court decision finding it could not recover an R&D tax offset refund of around $2.3 million paid to Auctus Resources despite the payment being made by mistake and the mining company admitting it was not entitled to the money.

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‘Troubled’ by costs in Monsanto class action, judge wants initial trial on Roundup cancer risk
Agriculture 2021-03-23 2:18 pm By Miklos Bolza Sydney

The judge overseeing a class action against Bayer-owned Monsanto has suggested a hearing by the end of the year on the cancer risks of the company’s Roundup products, saying judgment on that question would either encourage the proceedings to settle or end the case.

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Gambler’s lawsuit alleges Star casino owes him $14M after 7-day winning streak
Contracts 2021-03-23 1:56 pm By Christine Caulfield Melbourne

Star Entertainment Group Ltd is facing a lawsuit brought by a high-roller claiming the casino giant owes him almost $14 million won at the Baccarat table over a seven-day gambling spree last year.

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Insurer sued for denying COVID-19 lockdown loss claim
Class Actions 2021-03-23 12:36 pm By Cindy Cameronne Sydney

A small business owner has launched proceedings against his insurer claiming he was wrongly denied pandemic coverage under a business interruption policy, one of many cases expected to be filed in the wake a landmark ruling on infectious disease exclusions that could cost insurers $10 billion.

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Jardine Lloyd Thompson wants to declass lawsuit over ‘excessive’ insurance premiums
Class Actions 2021-03-23 11:59 am By Cat Fredenburgh

Insurance broker Jardine Lloyd Thompson wants to declass a representative action brought on behalf of local councils in NSW alleging it socked them with inflated premiums, arguing there are no common questions to be determined in the case.

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Novel argument doesn’t save Gladstone Ports class action from costs, court says
Agriculture 2021-03-22 8:59 pm By Christine Caulfield Sydney

A judge has ruled the plaintiffs in the Gladstone Ports class action cannot reserve the legal costs of an application to avoid disclosure of expert reports, despite finding they had raised a novel issue.

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ACCC detergent cartel case not doomed to fail, court says in refusing Cussons indemnity costs
Allens 2021-03-22 5:18 pm By Christine Caulfield Sydney

PZ Cussons has lost its bid for indemnity costs against the ACCC, with a judge saying the consumer watchdog’s case over an alleged laundry detergent cartel was “significantly wanting” but not hopeless or doomed to fail.

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Goodman Fielder sues Arnott’s over ‘deceptively similar’ trade mark
Ed Heerey 2021-03-22 3:39 pm By Miklos Bolza Sydney

Singapore-owned food and beverage company Goodman Fielder has filed a trade mark infringement lawsuit against Arnott’s and Campbells after the two companies applied to register a trade mark that was one letter different to its own.

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In win for ACCC, Full Court says vulnerability not essential to proving unconscionable conduct
ACCC 2021-03-22 1:39 pm By Miklos Bolza Sydney

The Full Federal Court has ruled that unconscionable conduct under the Australian Consumer Law is not confined to exploitation of vulnerable parties, in an “extremely significant” judgment that will extend the reach of the unconscionable conduct provisions and protect a wider swathe of consumers.

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