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By the time Australia's emissions targets were set in 2015, the effects of climate change were already being felt in the Torres Strait, the Commonwealth has told an appeals court, saying a class action over Islanders' cultural loss can't prove causation.
The law of negligence should be expanded to recognise cultural loss as a compensable form of harm, a group of Torres Strait Islanders argue in challenging a ruling tossing their class action against the government.
Hotly contested political issues should not be considered a judicial "no-go zone" that leaves policy decisions on climate change outside the reach of the courts, a landmark class action has told an appeals court.
Insurer Vero may be hit with a cross-claim in a class action against Fairview Architectural over allegedly combustible cladding, a court has heard.
The trial judge in enforcement action against Mastercard had harsh words Thursday about the company's witnesses, including a top executive whose testimony he said was "most unsatisfactory and unimpressive".
Mastercard argued Wednesday it relied on legal advice in drafting alleged anti-competitive deals with major retailers, as the judge questioned the reliability of some witnesses for the payments giant, who recalled "virtually nothing".
A former Mastercard business development director has admitted at trial to lying to the payments giant's finance department about the risk of 7-Eleven routing transactions to EFTPOS to seal a deal.
Trial in a case alleging Mastercard misused its market power by striking deals with retailers to defend revenues against EFTPOS routing has heard external competition lawyers suggested removing the word 'routing' from its contract with Woolworths.
Mastercard risked losing half its revenue from retail interchange fees as a result of the Reserve Bank's least-cost routing initiative, and struck deals with top retailers to defend its core business, a court was told Wednesday.
A trial judge has heard that Mastercard's top Australian executives discussed stripping Woolworths of strategic merchant status if the supermarket giant routed customer transactions through the cheaper EFTPOS network.