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Judge frowns on survey to determine CBA’s liability in rest break case
Employment 2022-07-06 5:03 pm By Cindy Cameronne

A judge has questioned the Finance Sector Union’s idea to use a survey to gather evidence about 3,000 employees who claim the Commonwealth Bank of Australia failed to provide them with paid rest breaks for at least six years.

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Virgin moves to throw out ‘unintelligible’ lawsuit over COVID-19 jab mandate
COVID-19 2022-07-06 3:22 pm By Cindy Cameronne

Virgin Australia will seek to throw out a case brought by former employees over a COVID-19 vaccine mandate, which a lawyer for Qantas and Jetstar, which are also named in the suit, said “breaks every pleading rule”.

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No smoking gun, but Stock Swami likely to face contempt charge
Defamation 2022-07-05 4:56 pm By Cindy Cameronne

Mining investor Tolga Kumova is “likely” to go after Twitter personality Stock Swami for contempt of court after he admitted he lied and withheld evidence in a defamation case, despite a judge saying there was “no smoking gun”.

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AIG loses bid for docs despite privilege waiver over barristers’ advice
Insurance 2022-07-05 6:32 pm By Cindy Cameronne

AIG can’t force investment firm Sayers to hand over communications over which it claimed legal professional privilege, with a judge rejecting the argument that Sayers could not “cherry pick” which advice it disclosed after waiving privilege over advice given by two barristers in 2017 and 2019.

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Litigation funder shareholders battle over ownership
Business of Law 2022-07-04 6:49 pm By Cindy Cameronne

Litigation funder Embedded Claims has filed court proceedings against one of its shareholders after its former bankrupt director “ineffectively” transferred off half of his shares.

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Seven wins access to CCTV footage in defamation case by Jarryd Hayne supporter
Media 2022-07-04 6:55 pm By Cindy Cameronne

A man who says he was falsely accused by a Seven journalist of spitting at an alleged rape victim of rugby league footballer Jarryd Hayne must hand over key CCTV footage he claims vindicates him in his defamation suit against Seven.

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Stock Swami admits he lied to Tolga Kumova’s lawyers in defamation trial
Defamation 2022-07-01 2:16 pm By Cindy Cameronne

Twitter personality Alan Davison, who runs the account Stock Swami, has admitted he misled lawyers for mining investor Tolga Kumova and deliberately failed to obey court orders for discovery in cross-examination during a defamation trial. 

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Samsung Bioepis sues again to invalidate Humira biosimilar
Intellectual Property 2022-06-30 2:57 pm By Cindy Cameronne

Korean drug company Samsung Bioepis has filed a second lawsuit seeking to invalidate German drug company Fresenius Kadi’s patent for a biosimilar of blockbuster arthritis drug Humira.

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Court finds sessional academic lecturer an employee, not a contractor
Employment 2022-06-30 5:14 pm By Cindy Cameronne

In its first decision applying a landmark High Court judgment redefining the test for when a worker is employed, the Federal Court has found a sessional lecturer for a higher education institution was an employee.

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Stock Swami flies to Sydney for cross on ‘deficient’ discovery in Kumova trial
Trials 2022-06-29 1:34 pm By Cindy Cameronne

The man behind the Stock Swami Twitter account is flying to Sydney for cross-examination after a judge halted a trial in mining investor Tolga Kumova’s defamation case, saying he had “no confidence whatsoever” the Twitter user complied with discovery obligations.

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