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NAB faces re-trial in adverse action case by worker who committed data breach
Employment 2021-10-12 4:05 pm By Miklos Bolza

A former financial planner found to have engaged in a data breach at National Australia Bank will have her adverse action lawsuit against the bank partially reheard after an appeals court found the judge who tossed the case failed to properly consider why she was fired.

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With no encouragement from parties, 7-Eleven class action judge appoints contradictor
Class Actions 2021-09-20 3:46 pm By Christine Caulfield

Despite claims the $98 million settlement did not warrant a contradictor’s scrutiny, a judge has appointed a contradictor to represent the interests of group members in franchisee class actions against 7-Eleven as he weighs the deal.

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Full Court slams judge’s reasons as ‘disordered stream of consciousness’
Employment 2021-09-07 6:10 pm By Miklos Bolza

The Full Federal Court has issued a severe rebuke to a judge for his decision in an employment dispute, calling the judgment a “disordered stream of consciousness” and saying it had no choice but to send the matter back for a retrial.

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$19.6M legal bill in 7-Eleven class actions doesn’t warrant contradictor, court told
Class Actions 2021-08-24 4:15 pm By Cindy Cameronne

A $19.6 million legal bill racked up by the law firm behind two 7-Eleven class actions accusing the convenience store chain of misleading franchisees did not warrant the appointment of a contradictor to a hearing seeking approval of a $98 million settlement, a court has heard.

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TechnologyOne wins challenge to $5.2M judgment in exec’s unfair dismissal case
Employment 2021-08-05 9:29 pm By Miklos Bolza

Australian software company TechnologyOne has succeeded in its challenge to a $5.2 million judgment in an unfair dismissal case by a former high ranking executive, with an appeals court sending the matter back for a retrial.

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Judge admonished for ‘complete lack of intellectual engagement’ in migration case
Appeals 2021-07-15 2:18 pm By Bianca Hrovat

A Federal Court judge has admonished Federal Circuit Court Judge Sandy Street for “a complete lack of intellectual engagement” in considering whether an Indian migrant engaged in a sham marriage in order to stay in Australia.

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7-Eleven agrees to settle franchisee class actions
Class Actions 2021-06-30 12:35 pm By Miklos Bolza

7-Eleven has reached an in-principle agreement to settle two class actions which accused the convenience store giant of misleading franchisees and underpaying employees at its stores.

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Judge tosses Caltex trade mark case, says Chevron does not own colour red
Intellectual Property 2021-06-08 9:57 pm By Miklos Bolza

Chevron has mostly failed in its lawsuit accusing Australian petrol station company Ampol of infringing its Caltex trade marks, with a judge finding that Chevron’s case sought exclusive use over the colour red and was “at odds with commercial sense”.

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Kraft to pay Bega $9.25M to resolve peanut butter trade dress battle
Intellectual Property 2021-06-03 4:22 pm By Cat Fredenburgh

Kraft has agreed to pay Bega $9.25 million as part of a settlement resolving a long-running battle over peanut butter trade dress rights, after the US consumer goods giant exhausted all its options for appealing a ruling that found Bega had acquired the rights to the trade dress.

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Megasave hit with $1.9M penalty for misleading prospective franchisees
Competition & Consumer Protection 2021-04-29 3:37 pm By Christine Caulfield

A judge has imposed a $1.9 million penalty against Megasave Couriers after the delivery company was found to have misled franchisees with false promises of guaranteed minimum weekly payments and annual income.

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