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Telstra wins dispute with councils over installation of smart payphones
Telecommunications 2020-03-10 3:16 pm By Christine Caulfield

Telstra has won its battle with Melbourne, Sydney and Brisbane over a planned upgrade of its payphone network across Australia, with a judge ruling the teleco did not need planning permits to install the next generation, digital phone booths.

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Facebook taken to court by privacy watchdog alleging ‘systemic failures’
Privacy & Cybersecurity 2020-03-09 8:53 pm By Christine Caulfield

Facebook has been hit with regulatory action by the Privacy Commissioner alleging the social media giant exposed the personal information of over 300,000 Australian users to third parties, including Cambridge Analytica, without authorisation.

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Union files FWC challenge after Qantas worker suspended for coronavirus warning
Employment 2020-03-09 2:48 pm By Miklos Bolza

Qantas is facing a Fair Work Commission lawsuit by the Transport Workers’ Union after the airline suspended an aircraft cleaner who raised concerns about coronavirus risks.

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Melbourne brothel wants order compelling Google to release info on anonymous reviewers
Defamation 2020-03-09 2:15 pm By Miklos Bolza

Google has been hit with a third preliminary discovery lawsuit seeking the identity of online reviewers, this time by a Melbourne brothel and escort service seeking to eliminate 11 one-star reviews from the search engine.

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Crude joke no valid reason for dismissing ‘larrikin’ mine worker, FWC finds
Employment 2020-03-06 9:55 pm By Miklos Bolza

The Fair Work Commission has found that BHP’s decision to fire a mine worker and self-professed ‘larrikin’ for a single crude joke was unjustified, but the employee’s attempts to throw other staff “under the bus” during an internal investigation were valid reasons for the dismissal.

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Judge orders graphic warning for Johnson & Johnson pelvic mesh products
Class Actions 2020-03-06 8:57 pm By Alison Eveleigh

A judge has ordered Johnson & Johnson to include a graphic warning on the patient information leaflets and instructions for use that accompany four of its pelvic mesh products, following a class action over the devices which saw the three lead applicants awarded $2.6 million in damages.

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IMF Bentham CEO says funders must evolve with ever-changing class action regime
Business of Law 2020-03-05 1:11 pm By Christine Caulfield

As Victoria looks set to pass legislation allowing law firms to cut litigation funders out of class action work, and the High Court increases the risks of financing group proceedings, funders operating in Australia have been forced to think on their feet to adapt to the ever-changing regime. Australia’s largest litigation funder IMF Bentham is no exception, CEO Andrew Saker told Lawyerly.

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Judge signs off on $2.6M for lead applicants in Johnson & Johnson pelvic mesh class action
Class Actions 2020-03-03 8:40 pm By Alison Eveleigh

A Federal Court judge has awarded combined damages of $2.6 million to the lead applicants in the Johnson & Johnson pelvic mesh class action, following a landmark ruling in November which found that the pharmaceutical giant did not adequately warn of the risks of the implants.

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‘I have been ignored’: Claimant makes courtroom plea in AMP insurance churn case
Financial Services 2020-03-03 4:59 pm By Miklos Bolza

An individual claimant accusing AMP Financial Planning of ignoring multiple attempts to gain remediation for alleged insurance re-writing conduct was granted permission to voice his displeasure in court, while ASIC and AMP grapple with the details of a remediation program for insurance churn victims.

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ACCC says court must shut down Garuda appeal for ‘deliberate and willful’ $19M fine dodge
Competition & Consumer Protection 2020-03-02 10:07 pm By Miklos Bolza

The ACCC has asked for an interim stay of an appeal by Indonesian airline Garuda, which has yet to pay a $19 million penalty for airline price fixing, telling the court it wanted to give the company another chance to explain its “entirely exceptional” non-compliance.

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