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McDonald’s wins privilege spat in case brought by ex-franchisee after viral video
Franchises 2023-02-06 2:10 pm By Cindy Cameronne

A former McDonald’s franchisee has lost his challenge to a privilege claim by the fast food giant in his lawsuit alleging he was wrongly dropped after questioning his neighbour’s Indigenous identity in a 2019 viral video recording an altercation over an Aboriginal flag.

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Pelvic mesh applicant wants Shine’s former class action head to keep case
Class Actions 2023-02-03 5:00 pm By Cindy Cameronne

The applicant in a Shine Lawyers-run class action against Boston Scientific over alleged defective pelvic mesh wants to switch legal representation, taking her business to Shine’s former class actions head, who recently parted ways with the firm to launch her own boutique.

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Crypto class action members ‘wholly unprotected’ by self-repped applicant, Meta says
Competition & Consumer Protection 2023-02-02 11:20 pm By Christine Caulfield

Arguing the interests of the self-represented applicant and group members are in conflict, Meta and Google are urging a court to shut down a class action accusing the digital giants of breaching competition law by banning cryptocurrency ads on their platforms.

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ABC war crimes coverage defamed ex-commando, court finds
Defamation 2023-02-01 1:09 pm By Cindy Cameronne

A judge has found that the ABC defamed ex-commando Heston Russell by implying he was involved in murdering an Afghan prisoner, but he rejected claims that the broadcaster’s coverage implied he was actively responsible as the shooter. 

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Judge ‘confused’ by ACCC’s rejection of $1.8B Telstra, TPG mobile network deal
Competition & Consumer Protection 2023-01-30 4:49 pm By Cindy Cameronne

The ACCC’s rejection of a regional network arrangement between Telstra and TPG was “confusing” and the telecos might be free to vary the transaction, says a judge who is overseeing a challenge to the competition regulator’s decision.

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Winners and losers in 2022’s headline-grabbing defamation cases
Defamation 2023-01-27 10:19 pm By Cindy Cameronne

From the ongoing saga of the high-profile Christian Porter action against the ABC to “backyard” litigation testing the serious harm bar, defamation cases made headlines in 2022, with winners and losers alike shelling out millions to lawyers to protect their reputations.

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Nine dodges defamation case over A Current Affair episode
Defamation 2023-01-27 4:00 pm By Sam Matthews

A judge has found Nine should not face an out-of-time defamation action over an allegedly defamatory episode of A Current Affair that aired in 2019.

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Class action settlements that came under fire in 2022
Class Actions 2023-01-25 11:21 pm By Cindy Cameronne

Courts stepped up their scrutiny of class action settlements in 2022, with judges grappling with difficult issues such as funding commissions in employment cases and whether settlements, even those worth hundreds of millions of dollars, were fair to group members.

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Optus to bring fraud counterclaim in $100M TeleChoice suit
Telecommunications 2023-01-25 3:12 pm By Sam Matthews

Optus has won more time to bring a counterclaim in a $100 million lawsuit by mobile retailer TeleChoice alleging it was misled when the telecommunications giant claimed it would earn the same revenue as in an agreement that was being negotiated with Telstra.

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Sleeping Virgin flight attendant’s dismissal not unfair, FWC finds
Aviation 2023-01-24 5:08 pm By Cindy Cameronne

A full bench of the Fair Work Commission has overturned a ruling that a Virgin Australia flight attendant was unfairly sacked, finding she breached the airline’s policies by sleeping on the job and stashing snacks in her crew bag.

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