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In win for ACCC, Full Court says vulnerability not essential to proving unconscionable conduct
Appeals 2021-03-22 1:39 pm By Miklos Bolza

The Full Federal Court has ruled that unconscionable conduct under the Australian Consumer Law is not confined to exploitation of vulnerable parties, in an “extremely significant” judgment that will extend the reach of the unconscionable conduct provisions and protect a wider swathe of consumers.

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High Court to hear Glencore shipping fee fight with Port of Newcastle
Competition & Consumer Protection 2021-03-17 11:50 am By Cat Fredenburgh

The High Court will weigh in on a dispute between the Port of Newcastle and mining giant Glencore over access charges to shipping channels used to export coal from the Hunter Valley.

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Clough Limited can’t claim $15M in taxes from cancellation of employee entitlements, court rules
Tax 2021-03-02 9:23 pm By Cindy Cameronne

Construction company Clough Limited cannot claim over $15 million paid to employees for cancellation of their shares and options as a tax deduction, with a judge dismissing the Perth-based company’s appeal of a decision from the Commissioner of Taxation.

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Clients and lawyers with axe to grind a major headache for law firms in 2020
Business of Law 2021-01-13 10:12 pm By Miklos Bolza

While there was no shortage of pain and challenges for law firms as the coronavirus raged across the globe last year, a number of big firms also felt the sting of litigation from disgruntled clients, partners and employees.

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Unions take sick leave case for stood-down Qantas workers to High Court
Appeals 2020-12-23 4:10 pm By Christine Caulfield

Unions for 20,000 Qantas workers on stand-down orders amid the coronavirus pandemic have asked the High Court to overturn a ruling that they are not entitled to access paid sick or compassionate leave.

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Full Court ruling clarifies cover in business interruption insurance case
COVID-19 2020-12-21 3:45 pm By Christine Caulfield

The Full Federal Court has issued a mixed bag ruling in a business interruption insurance dispute between Suncorp subsidiary Vero Insurance and a Melbourne café and restaurant, which sought indemnity for losses incurred during the COVID-19 lockdowns.

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Spotless on the hook for redundancy entitlements after High Court declines special leave
High Court 2020-12-11 2:26 pm By Cat Fredenburgh

The High Court will not hear cleaning services giant Spotless Group’s challenge to a ruling that found it must pay redundancy entitlements to a group of workers it sacked.

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Stood-down Qantas workers lose second bid for sick leave
Employment 2020-11-27 10:13 pm By Christine Caulfield

Qantas workers on stand-down orders during the coronavirus pandemic have lost an appeal to overturn a ruling that they are not entitled to access paid sick or compassionate leave.

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Thiess loses appeal in unpaid wages class action
Class Actions 2020-11-17 12:42 pm By Miklos Bolza

Mining services company Thiess has lost its challenge to a class action ruling which found the company had underpaid workers for time spent on the bus travelling home from a Pilbara-based liquefied natural gas processing plant owned by Woodside Energy.

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Judge rejects public interest immunity argument over war crimes docs in Ben Roberts-Smith case
Defamation 2020-11-12 2:41 pm By Cat Fredenburgh

The chief of the Australian Defence Force has lost a bid to keep information obtained by a war crimes inquiry from three news publishers defending against a defamation suit by war veteran Ben Roberts-Smith.

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