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ACCC loses competition case against NSW Ports over 50-year deal with state
Competition & Consumer Protection 2021-06-29 11:27 am By Cindy Cameronne

The ACCC has lost its regulatory action against NSW Ports alleging a 50-year agreement with the state, signed when Port Botany and Port Kembla were privatised in 2013, was anti-competitive.

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Major retailers file class action over missing cargo ship containers
Class Actions 2021-06-07 3:08 pm By Miklos Bolza

A class action has been filed on behalf of major retailers seeking compensation over a May 2020 incident on the MV APL England vessel which saw valuable goods en route to Australia damaged or lost overboard during rough weather.

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High Court won’t hear case over sick leave for stood-down Qantas workers
Employment 2021-05-21 2:12 pm By Cat Fredenburgh

The High Court has denied special leave to unions representing 20,000 Qantas workers who were stood down during the coronavirus pandemic to challenge a ruling that they were not entitled to paid sick or compassionate leave.

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FWC rules Deliveroo driver was employee, not independent contractor
Employment 2021-05-18 2:30 pm By Cat Fredenburgh

In a victory for gig economy workers, the Fair Work Commission has found that a Deliveroo driver who was sacked for not working fast enough was an employee, saying the company’s power to exert control over its workers with data collected through its app weighed in favour of a finding of that employer-employee relationship existed.

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Aurizon accused of flagrant copyright infringement by software giant Dassault
Intellectual Property 2021-05-17 4:44 pm By Miklos Bolza

Queensland rail operator Aurizon has been sued for breach of contract and “flagrant” copyright infringement for allegedly using software produced by French software giant Dassault without the necessary licence.

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‘Severe harm to competition’: ACCC to refuse flight pact between Qantas, Japan Airlines
COVID-19 2021-05-06 1:58 pm By Cindy Cameronne

The Australian Competition and Consumer Commission has proposed to deny authorisation for Qantas to coordinate with Japan Airlines on flights between Australia and Japan despite the regulator’s increased flexibility on the travel sector during COVID-19.

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High Court won’t hear Queensland taxi drivers’ ‘fanciful’ case over Uber losses
High Court 2021-04-15 10:52 pm By Cat Fredenburgh

The High Court has denied special leave to a group of Queensland taxi drivers seeking compensation from the state for losses allegedly caused by ride sharing services like Uber, in a lawsuit a judge described as “fanciful”.

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Woolworths entitled to recoup loss in train derailment despite ‘force majeure’ event, judge says
Contracts 2021-04-14 6:34 pm By Miklos Bolza

Supermarket giant Woolworths can recoup losses from a 2014 train derailment in South Australia despite a contractual clause excluding force majeure events, the NSW Supreme Court has found.

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Virgin faces TWU action for standing down ground crew workers
Employment 2021-03-31 2:08 pm By Cat Fredenburgh

Virgin Australia is facing legal action from the Transport Workers Union which says the airline was not experiencing the necessary work shortage when it stood down some of its ground crew staff after the federal government’s Jobkeeper wage subsidy came to an end over the weekend.

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Qantas files ‘urgent’ appeal in dispute with defecting executive
Appeals 2021-03-25 12:11 pm By Cindy Cameronne

Qantas has appealed a decision that found its dispute with former executive Nick Rohrlach over his defection to competitor Virgin Australia should be heard in Singapore, saying the exclusive jurisdiction clause in his contract did not “bite”.

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