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Judge says ‘serious harm’ test in defamation law could violate Judiciary Act
Defamation 2023-05-10 3:06 pm By Cindy Cameronne

A judge has questioned whether recent changes to defamation law requiring courts to determine if a publication has caused serious harm ahead of trial are invalid because of possible inconsistency with the Federal Court’s case management rules.

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Facial recognition platform Clearview broke privacy laws by scraping images, AAT says
Privacy & Cybersecurity 2023-05-10 2:35 pm By Sam Matthews

US facial recognition company Clearview breached Australian privacy laws by trawling the web for photos of Australians for use by law enforcement agencies, the Administrative Appeals Tribunal has found.

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State flags High Court appeal in hotel quarantine class action
Appeals 2023-05-09 11:10 pm By Sam Matthews

The state of Victoria has foreshadowed a High Court challenge in its fight to stay a class action over the 2020 hotel quarantine in light of criminal action, an appeal it said raised issues relating to the “increasing and regular prosecutions” of government and corporate entities over health and safety laws.

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Public housing residents to get $5M in COVID-19 lockdown class action settlement
Class Actions 2023-05-09 11:00 pm By Cat Fredenburgh

The state of Victoria has agreed to pay $5 million to settle a class action over a public housing lockdown during Melbourne’s second COVID-19 wave in July 2020.

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High Court win for Qantas in outsourcing appeal would create ‘whack-a-mole’ legal right, TWU says
Appeals 2023-05-09 11:42 pm By Cat Fredenburgh

If Qantas triumphs in its High Court appeal of a ruling that found it violated the Fair Work Act when it outsourced ground crew at the peak of the COVID-19 pandemic, it would create a “whack-a-mole” legal right to terminate disadvantaged people, the Transport Workers Union has argued.

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Sally Rugg settles suit against MP Monique Ryan
Employment 2023-05-08 11:06 pm By Cat Fredenburgh

Independent Monique Ryan’s ex-chief of staff Sally Rugg has reportedly settled her Fair Work case against her former employer and the Commonwealth for $100,000, in what was billed as a test case for determining reasonable overtime.

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Barrister’s $320,000 bill set aside as appeals court takes ‘purposive approach’ to disclosure rules
Business of Law 2023-05-05 12:40 pm By Sam Matthews

An appeals court has set aside a barrister’s $320,000 bill for a case initially estimated to cost $60,000 in counsel fees, applying a “purposive approach” to the rules governing lawyers’ disclosure obligations.

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Racing Victoria planned agreement to ‘seriously breach’ competition laws, court hears
Competition & Consumer Protection 2023-05-04 11:01 pm By Cindy Cameronne

Racing NSW has accused its Victorian counterpart of planning an anti-competitive agreement with five other states to exclude it from the thoroughbred racing industry, as it seeks documents to bring potential claims.

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Shipping exec who felt pressured to retire wins $230,000 judgment
Employment 2023-05-04 11:22 pm By Cat Fredenburgh

A former chief accountant for MUR Shipping who claims he was pressured to retire has won an appeal in his age discrimination case, bumping his damages award up from $20,000 to around $230,000.

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Ex-BCEG directors claw back costs after shaving $12.5M off judgment
Construction 2023-05-04 2:43 pm By Sam Matthews

Two ex-directors of Chinese construction and engineering firm BCEG who were found to have defrauded the company have succeeded in clawing back a portion of their costs of a partially successful appeal which reduced the amount owing to their former employee by around $12.5 million.

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