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Challenges to jab mandate for ‘perfectly healthy people’ exceptional, court told
COVID-19 2021-09-28 9:45 pm By Bianca Hrovat

Cases challenging the NSW government’s COVID-19 vaccination mandate for the state’s police officers, teachers and healthcare workers are exceptional enough to warrant production by the government of documents presented to state cabinet before the public health order, a court has heard.

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ASIC’s first COVID-19 case against lender ‘sufficiently clear’, judge says
Financial Services 2021-09-28 9:57 pm By Cindy Cameronne

Personal lender ClearLoans has lost its bid to strike out claims in ASIC’s first case related to the COVID-19 pandemic after a judge found the regulator’s action, which accuses the lender of breaching the hardship provisions of the credit laws, was “sufficiently clear”.

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Judge wrong to shut down MySuper class action, appeals court hears
Appeals 2021-09-27 9:01 pm By Miklos Bolza

A judge overstepped in throwing out a class action against two National Australia Bank units over alleged MySuper mismanagement because of a carveout in the Victorian Supreme Court Act which bars class actions involving trust property, an appeals court has heard.

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Objection to barrister’s eye rolling during BlueScope cross-exam shot down
Competition & Consumer Protection 2021-09-27 9:29 pm By Cindy Cameronne

A judge hearing a price-fixing case against steel giant BlueScope has overruled an objection to the ACCCs barrister’s allegedly excessive “eye-rolling” and “scathing and sarcastic” manner during a cross-examination in which the company’s general manager was accused of lying under oath.

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Down with ‘medical apartheid’, says Fair Work commissioner opposed to jab mandate
Employment 2021-09-27 10:26 pm By Christine Caulfield

An appellate panel of the Fair Work Commission has upheld an aged care worker’s termination for refusing a flu vaccine, but a full-throttled dissent by one commissioner warns Australians against “a system of medical apartheid and segregation”.

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ACCC loses bid for info on ‘very senior people’ involved in Google privacy changes
Article 2021-09-27 1:26 pm By Cat Fredenburgh

A judge has rejected a request for further information on ‘very senior’ Google employees involved in a notification related to a change to Google’s privacy policy which at the centre of court proceedings brought by the ACCC.

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Funder’s critical intervention in liquidator’s case leaves it on hook for costs
Restructuring & Insolvency 2021-09-24 2:50 pm By Bianca Hrovat

A judge has issued a stern warning to litigation funders seeking to take a “gamble” on pending court proceedings, ruling they could be held liable for costs if their intervention proves critical to the advancement of the case.

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Junior doctor behind class action can’t seek compensation for group members, court told
Class Actions 2021-09-24 9:18 pm By Miklos Bolza

NSW Health wants to amend its defence to an underpayments class action on behalf of 24,000 junior doctors, bringing claims that the lead applicant is barred from seeking compensation for group members under industrial relations law.

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Pfizer, Merck Sharpe & Dohme reach global settlement in vaccine patent battle
Intellectual Property 2021-09-24 6:25 pm By Cindy Cameronne

Pharmaceutical giants Merck Sharpe & Dohme and Pfizer have resolved a long-running intellectual property dispute over a 2015 patent owned by Pfizer for a pneumococcal vaccine.

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Katy Perry wins bid to withdraw ‘wrong’ admission in trade mark dispute
Intellectual Property 2021-09-24 2:10 pm By Cindy Cameronne

US singer Katy Perry can withdraw an admission in a trade mark infringement case that licensing her brand to Target and Myer constituted use, with a judge finding the admission was “not consistent with current law”.

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