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Court won’t block Monash Health from terminating unvaccinated nurses
COVID-19 2021-11-03 3:13 pm By Bianca Hrovat

A court has struck down a bid by unvaccinated nurses to restrain Monash Health from terminating their employment in accordance with the Victorian COVID-19 public health directions requiring them to be vaccinated, saying their case is “at best, weak”.

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Judge weighs exemption from Victoria’s COVID-19 vaccine mandate for 134 workers
COVID-19 2021-11-03 8:43 pm By Cindy Cameronne

A group of 134 workers in healthcare, education and construction have argued a judge should grant them a temporary exemption from Victoria’s direction mandating essential employees be vaccinated against COVID-19 to work outside their homes.

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Groupwide damages not ruled out in Ford class action, judge says
Class Actions 2021-11-03 9:56 pm By Christine Caulfield

A judge has left open the possibility that aggregate damages could be awarded in a class action against US auto giant Ford on behalf of 185,000 vehicle owners over their defective cars.

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IVF provider Virtus’ confidentiality claims ‘border on ridiculous’, judge says
Competition & Consumer Protection 2021-11-03 9:02 pm By Cindy Cameronne

A judge has rejected part of IVF provider Virtus Health’s bid for redactions in a recent decision from the court temporarily blocking the company from purchasing rival Adora Fertility, saying some of the confidentiality claims were “staggering” and “border on ridiculous.”

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High Court upholds challenge to backpacker tax
Employment 2021-11-03 4:36 pm By Cat Fredenburgh

The High Court has found a 15 per cent ‘backpacker tax’ imposed on holders of Australian working holiday visas violates a double taxation agreement between Australia and the UK.

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Fees for no service class action must clarify ‘serious allegations’ against AMP
Class Actions 2021-11-02 4:27 pm By Cindy Cameronne

A judge has ordered a class action against AMP to provide more detail in its case accusing the financial services firm of failing to disclose information to shareholders about allegedly misleading ASIC and charging clients fees for no service.

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Beetaloo gas exploration was approved to ‘stymie’ climate change case, judge told
Climate change 2021-11-02 9:14 pm By Miklos Bolza

The Morrison government decision’s to enter into a contract with a subsidiary of Empire Energy for gas exploration in the Beetaloo Basin was an effort to “stymie” climate change litigation brought against the federal resources minister, a court has heard.

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Is it infringement if no one saw it? Hells Angels, Redbubble TM case to raise novel issue
Intellectual Property 2021-11-02 1:02 pm By Bianca Hrovat

A novel issue of liability has been raised in a trademark dispute between Hells Angels Motorcycle Corporation and Redbubble, with the online retailer claiming a trade mark cannot be infringed if the trade mark owner is the only person to witness the alleged infringement.

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BlueScope meeting made distributor ‘extremely uncomfortable’, ACCC tells court
Competition & Consumer Protection 2021-11-01 5:58 pm By Cindy Cameronne

BlueScope general manager Jason Ellis made executives of a steel distributor “extremely uncomfortable” in a meeting where he presented the steel giant’s price list, a court hearing the ACCC’s price-fixing case was told Monday.

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Binding statement as good as class action in age pension case, judge told
Class Actions 2021-11-01 8:28 pm By Bianca Hrovat

The federal government is seeking to avoid a representative proceeding brought on behalf of Indigenous men alleging its failure to “close the gap” in life expectancy necessitates a lower age eligibility for their fair and equal access to the age pension.

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