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Merivale class action judge floats separate trial on enterprise agreement
Class Actions 2023-08-29 9:57 pm By Cindy Cameronne

A judge has said that an underpayments class action’s challenge to hospitality giant Merivale’s argument that it does not owe back wages because it relied on an enterprise agreement it believed was valid should be heard before trial. 

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Three law firms team up in battle to run class action against Downer
Class Actions 2023-08-28 11:31 pm By Sam Matthews

The field of competitors in a four-way contest to run a shareholder class action against Downer EDI over a $40 million profit overstatement has narrowed with the consolidation of three cases, leaving one firm to face criticism over its comparative inexperience running group proceedings. 

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Higgins, Lehrmann expected to take stand at defamation trial
Defamation 2023-08-28 11:23 pm By Cindy Cameronne

The judge hearing a trial in defamation cases by former Liberal staffer Bruce Lehrmann against TV broadcasters ABC and Ten has said he expects both Lehrmann and alleged rape victim Brittany Higgins to take the witness stand.

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Negligence suit tossed against expert retained in lawyer’s employment case
Employment 2023-08-28 11:54 pm By Cindy Cameronne

A psychiatrist who gave expert evidence in a lawyer’s human rights case against his former employer cannot be sued for negligence because he is protected by witness immunity, a judge has found. 

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Aged pensioner can’t revive class action against Social Services
Appeals 2023-08-28 11:42 pm By Cindy Cameronne

A self-represented aged pensioner has lost his bid to revive a class action against the Department of Social Services over its real estate asset testing for pensions, with a judge saying that a legal practitioner must represent group members. 

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Ex-Qantas worker can’t escape settlement deed to bring discrimination claim
Employment 2023-08-28 11:49 pm By Christine Caulfield

A former Qantas customer service manager can’t undo a $75,000 settlement she reached to resolve a workers compensation claim in order to pursue a discrimination suit against the airline, a court has found.

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PFAS class action judge OKs $132.7M settlement, $33M CFO
Class Actions 2023-08-25 10:38 pm By Cindy Cameronne

A judge has blessed a $132.7 million settlement and a $33 million common fund order in a class action over toxic firefighting foam, saying he was “not vexed” by whether he had power to grant the funder’s payout despite the Full Court having reserved on the contentious issue. 

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NAB class action seeks to bring ‘very serious’ new fraud allegations
Class Actions 2023-08-25 2:25 pm By Cindy Cameronne

NAB will fight a bid by a $78 million class action over the collapse of Walton Construction to add serious fraud allegations in the four-year-old case, which a judge said has been “mired in a procedural mess”.

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Judge recuses himself from OSI’s bid for evidence in Roberts-Smith case
Defamation 2023-08-25 11:30 pm By Sam Matthews

A judge who found that Ben Roberts-Smith committed war crimes has recused himself from deciding whether the Office of the Special Investigator can access evidence in the former SAS corporal’s defamation case for its own investigation into war crimes in Afghanistan.

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University of Sydney can’t advance ‘unclear’ claims over flammable building panels
Construction 2023-08-25 1:02 pm By Sam Matthews

The University of Sydney has lost a bid to amend its claims against a consultant in litigation over allegedly defective building work carried out on its Charles Perkins Centre in Camperdown.

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