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Order banning DP World workers from ‘go slow’ protests quashed by FWC’s 7.5 hour error
Employment 2019-09-19 3:54 pm By Miklos Bolza

The CFMEU has successfully challenged an interim Fair Work Commission order barring workers at stevedoring firm DP World from ‘go slow’ industrial action after an appeals panel found a commissioner had no power to make the original order because she miscalculated, by 7.5 hours, when she could make it.

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ACCC’s Sims says ‘strong competition’ lacking in retail banking sector
Competition & Consumer Protection 2019-09-18 4:48 pm By Cat Fredenburgh

ACCC Chair Rod Sims reiterated concerns about the lack of competition in the retail banking sector on Wednesday, but shut down media reports that the competition regulator is pushing for a royal commission-scale inquiry into the big four banks.

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In new class action defence, Scenic Tours says passengers can’t rely on it to control weather
Class Actions 2019-09-18 3:16 pm By Miklos Bolza

A class action alleging travel agency Scenic Tours owes damages to European cruise passengers forced to take buses when heavy rain flooded waterways is still proceeding despite an impending High Court appeal, with the tour company now seeking to argue in an amended defence that class members could not reasonably rely on it to control water levels.

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Aurizon files lawsuit over sale of Genesee & Wyoming’s Australian assets
Transportation & Infrastructure 2019-09-18 3:06 pm By Miklos Bolza

Australian rail freight operator Aurizon has launched a lawsuit against US-based shortline railroad firm Genesee & Wyoming seeking damages over the impending sale of its Australian assets.

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Law firms offer to join forces in competing Lendlease class actions
Class Actions 2019-09-18 1:05 pm By Christine Caulfield

The plaintiffs firms running rival shareholder class actions against construction giant Lendlease have pitched a proposal to join their competing cases, a plan that should find favour with the judge overseeing the cases, who recently forced the consolidation of three duplicate class actions against failed engineering firm RCR Tomlinson.

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ABC keeps up fight for federal police docs behind search warrant
Article 2019-09-17 10:26 pm By Christine Caulfield

The ABC is challenging a court ruling last month that rejected its bid to access documents behind the Australian Federal Police’s warrant to search its headquarters and partially blocked an application to amend claims in its case over the legality of the raid.

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MACH Energy settles $20M lawsuit by former director
Employment 2019-09-17 10:18 pm By Cat Fredenburgh

Mining firm MACH Energy has resolved a lawsuit brought by a former director seeking $20 million in shares allegedly owed under an equity incentive scheme.

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Otsuka ‘deliberately’ withheld information from court, Generic Health claims
Intellectual Property 2019-09-17 9:30 pm By Miklos Bolza

Pharmaceutical company Generic Health has told the Federal Court that, on advice from their solicitors, Otsuka and Bristol-Myers Squibb “deliberately” chose not to disclose their reasons for an admission in a long-running patent case over the anti-psychotic drug Abilify, which they are now seeking to withdraw.

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High Court to hear wrongful death case over Queensland airplane crash
Appeals 2019-09-17 6:10 pm By Miklos Bolza

Two Australian companies have won their application for special leave to the High Court as they continue their fight to shut down a wrongful death case in the US brought by the families of 15 people killed in an aircraft crash near Lockhart River in northern Queensland in May 2005.

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Judgment looms for IOOF execs in APRA’s disqualification case
Financial Services 2019-09-17 11:53 am By Christine Caulfield

Five IOOF executives will learn their fate this week when a judge rules on a disqualification bid by the prudential regulator, the first judgment to be delivered by a court in a case filed in the wake of last year’s scandal-airing banking royal commission.

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