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NSW government points finger at developer in Opal Tower class action
Article 2019-10-02 9:01 pm By Amelia Birnie Melbourne

The NSW government’s Sydney Olympic Park Authority, which is facing a class action brought by owners of apartments at the troubled Opal Tower, has laid the blame on the developer, designer and builder behind the project.

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Channel 7 loses defamation case over ‘manifestly unreasonable’ welfare cheat story
Article 2019-10-01 5:18 pm By Amelia Birnie Sydney

Channel Seven has lost a six-year defamation battle over a Today Tonight story that described a woman on single parenting payments as “the Centrelink cheat who got away”, after an appeals court found the publication was “manifestly unreasonable”.

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Solidarity forever: Trade unions make the class action regime strong
Class Actions 2019-09-30 10:40 pm By WP Creative Melbourne

Against a backdrop of an industrial relations system which has diminished union and workers’ power, class actions are again re-emerging as an alternative tool to challenge employers’ unlawful conduct. And in the current class actions landscape, the ability to run closed class proceedings on behalf of union members, or otherwise offer alternative fee arrangements to non-members in open class proceedings, is essential to trade unions’ willingness to embrace the representative proceeding regime, writes Slater & Gordon lawyer Alex Blennerhassett.

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Going Wayback: The current state of using wayback machine evidence in court
Bird & Bird 2019-09-27 8:45 pm By WP Creative Sydney

The admissibility of print-outs from the “Wayback Machine – Internet Archive” website is increasingly being considered by the Federal Court of Australia. The decision of Justice Burley in Dyno Nobel Inc v Orica Explosives Technology Pty Ltd on September 17 provides clear insight to the court’s approach to Wayback evidence and the circumstances in which it might be admissible, writes Bird & Bird’s Lynne Lewis and Angelica Sorn.

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Israel Folau offered to apologise for homophobic rant, Rugby Australia tells court
Article 2019-09-25 11:17 pm By Christine Caulfield Melbourne

Former Wallabies star Israel Folau offered to make a public apology for a homophobic social media slur that got him fired, a court has been told.

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Sunglass Hut underpaid hundreds of part-time workers $2.3M
Article 2019-09-24 10:17 pm By Christine Caulfield Melbourne

Retail chain Sunglass Hut has agreed to backpay 620 workers almost $2.3 million after admitting it underpaid its part-time staff in stores across Australia for six years.

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Election challenge against Josh Frydenberg, Gladys Liu may need three judges
Article 2019-09-24 8:50 pm By Miklos Bolza Sydney

A challenge against the election of federal Treasurer Josh Frydenberg and embattled Liberal MP Gladys Liu may be heard by a panel of three judges, Federal Court Chief Justice James Allsop said Tuesday, as the matter speeds towards a possible November hearing.

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Funder succeeds in declaration enforcing its class action agreements
Class Actions 2019-09-24 1:33 pm By WP Creative

This month’s decision by the Queensland Supreme Court confirming the validity of the class action funding business model in jurisdictions whose legislatures have not abolished the tort of maintenance and champerty is a landmark one, writes Piper Alderman partners Greg Whyte and Lillian Rizio.

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ACCC wins record $26.5M penalty against Empower Institute
Article 2019-09-20 1:34 pm By Cat Fredenburgh Melbourne

The ACCC has won a record $26.5 million penalty against defunct vocational trainer Empower Institute for “duping” disadvantaged customers into enrolling in courses they couldn’t afford with the promise of free laptops and cash.

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ACCC issues guidance on competition risks in IP transactions: Beware the inadvertent cartel
Competition & Consumer Protection 2019-09-19 12:47 pm By WP Creative

The ACCC has issued final guidelines on how Australia’s competition laws will apply to intellectual property assignments and licences following the repeal of the ‘IP exemption’ from prohibitions on anti-competitive conduct which was contained in subsection 51(3) of the Competition and Consumer Act. As of September 13 the IP exemption no longer applies, however, certain worked examples remain undeveloped or unrealistic, such that uncertainties remain as to the ACCC’s likely approach in particular matters, writes Patrick Gay and Amalia Stone of Herbert Smith Freehills.

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