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Court rules international passengers can join Scenic Tours class action
Acting Justice Ronald Sackville 2020-03-09 10:41 am By Cat Fredenburgh Melbourne

International passengers from five countries have been given the go-ahead to join a class action alleging travel agency Scenic Tours owes damages to European cruise passengers forced to take buses when heavy rain flooded waterways to include.

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Crude joke no valid reason for dismissing ‘larrikin’ mine worker, FWC finds
BHP 2020-03-06 9:55 pm By Miklos Bolza Sydney

The Fair Work Commission has found that BHP’s decision to fire a mine worker and self-professed ‘larrikin’ for a single crude joke was unjustified, but the employee’s attempts to throw other staff “under the bus” during an internal investigation were valid reasons for the dismissal.

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Judge orders graphic warning for Johnson & Johnson pelvic mesh products
Andrew Naylor 2020-03-06 8:57 pm By Alison Eveleigh Sydney

A judge has ordered Johnson & Johnson to include a graphic warning on the patient information leaflets and instructions for use that accompany four of its pelvic mesh products, following a class action over the devices which saw the three lead applicants awarded $2.6 million in damages.

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Liquidator criticised for ‘inheriting improper purpose’ in seeking to grill NRL boss
Farid Assaf 2020-03-06 6:22 pm By Miklos Bolza Sydney

A judge has set aside a liquidator’s bid for public examination of National Rugby League boss Todd Greenberg and another high-ranking officer, finding the summonses were an “abuse of process” and that the company behind them had entered into liquidation for the sole purpose of grilling the officials.

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Country Care fails in appeal of jury directions ruling in criminal cartel case
Appeals 2020-03-06 4:15 pm By Christine Caulfield Melbourne

Country Care and two employees have lost an appeal of a first-of-its kind Federal Court ruling on jury directions in a criminal cartel case against the mobile equipment provider.

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‘Total war’: Judge rejects Hytera’s new defence in Motorola IP dispute
Angus Lang 2020-03-06 3:51 pm By Miklos Bolza Sydney

Calling the complex intellectual property dispute a “total war” between the tech giants, a judge has dismissed a proposed amended defence by Hytera Communications to Motorola’s allegations of copyright infringement, finding that the “wholly new case” would derail an upcoming trial in May and push it back by at least a year.

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Ex-Norton Rose partner fails in last minute bid to have judge recused for bias
Employment 2020-03-06 3:05 pm By Christine Caulfield Sydney

A former Norton Rose Fulbright partner who accused a Federal Court judge of bias has failed in his bid to have the judge recuse himself on the first day of trial in the long running termination dispute, which was heard in Melbourne this week.

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Union defeats Aldi’s misleading conduct case over driver safety flyers
Employment 2020-03-06 2:23 pm By Cat Fredenburgh Melbourne

A judge has found that a series of flyers, media statements and protests from the Transport Workers’ Union raising concerns about truck driver safety were likely to mislead, but dismissed the German grocery store’s lawsuit after finding the statements were not made in trade or commerce.

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Rural Funds wants $625,000 in damages from US short seller Bonitas
Agriculture 2020-03-06 12:48 pm By Miklos Bolza Sydney

Agricultural fund management firm Rural Funds Management is seeking over $625,000 in damages from US short seller Bonitas Research, which was found by the NSW Supreme Court to have engaged in misleading and deceptive conduct in a report describing RFM’s equity as “ultimately worthless” that sent the firm’s share price plummeting.

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Fourth class action inquiry announced, as reform proposals collect dust
Class Actions 2020-03-05 9:51 pm By Christine Caulfield Melbourne

While the recommendations of three previous inquiries stay shelved, Attorney General Christian Porter has announced another examination into Australia’s class action regime, a move panned as purely political by at least one leading practitioner.

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