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In class action defence, Tyro says businesses should have accepted cash during EFTPOS outage
Class Actions 2022-02-01 9:58 pm By Sam Matthews

Fintech Tyro has hit back at a class action brought on behalf of retailers who were unable to process payments because of a days-long terminal outage, arguing they should have accepted cash while their EFTPOS machines were down.

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Astora Health says $27M best bet for class action members, warns of ‘financial difficulties’
Class Actions 2022-02-01 12:50 pm By Cat Fredenburgh

Astora Women’s Health says group members should accept an open $27 million settlement offer in a class action over its allegedly defective pelvic mesh devices, warning that “financial difficulties” may prevent it from meeting any judgment if the case succeeds at trial.

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Judge forgoes settlement approval hearing in Romeo’s class actions
Class Actions 2022-01-31 1:06 pm By Christine Caulfield

A judge overseeing two class actions against Romeo’s has ditched what has become the commonplace hearing in weighing a settlement of the cases, but experts say approval applications in group proceedings should ideally be heard in open court.

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‘Get over it’: Pest control company, ‘cockroach’ employee accused of harassment
Employment 2022-01-31 3:13 pm By Sam Matthews

A former business development manager at Flick has filed a sexual harassment lawsuit against the pest control giant, alleging a string of incidents involving a senior employee that began during her interview, and an inadequate complaints process that repeatedly dismissed and downplayed her concerns. 

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One time Liberal powerbroker says Nine using journalist privilege to ‘block him at every opportunity’
Defamation 2022-01-31 9:30 pm By Bianca Hrovat

Former Liberal power broker Marcus Bastiaan has accused Nine Entertainment of hiding behind “the cloak of journalistic professional privilege” in refusing to provide documentary evidence concerning the production of an alleged defamatory 60 Minutes report.

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‘Black hole’ Cargill, Viterra case from which 4 judges rose nears end, maybe
Trials 2022-01-28 11:54 pm By Cat Fredenburgh

Judgment day has arrived in a legal battle over the $420 million sale of the Joe White malt business so epic four silks on the case were elevated to judgeships during its long run, but losing party Viterra has not ruled out an appeal.

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Court finds Viterra engaged in deceit during $420M Joe White sale
Competition & Consumer Protection 2022-01-28 10:58 am By Cat Fredenburgh

Food giant Cargill Australia has won its lawsuit against Glencore-owned Viterra alleging it misrepresented the performance capabilities of malt producer Joe White when it sold the company for $420 million in 2013.

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Liberal MP Andrew Laming looks to strike out Nine’s ‘desperate’ defamation defence
Defamation 2022-01-28 5:28 pm By Bianca Hrovat

Liberal MP Andrew Laming has slammed the Nine Network for attempting to “bully and harass” him with its contextual truth defence to his lawsuit over an allegedly defamatory news segment that accused the Queensland politician of taking a lewd photograph.

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Judge sours on remote trials, bemoans ‘leisure wear effect’
Courts 2022-01-27 10:29 pm By Christine Caulfield

A judge who has been an enthusiastic lab rat in the virtual hearing experiment forced on the country’s courts by the COVID-19 pandemic has expressed doubts that he is accurately reading witnessses giving remote evidence.

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Shell wins more in ATO appeal over $2.3B gas exploration deduction
Tax 2022-01-27 6:00 pm By Bianca Hrovat

An appeals court has unanimously rejected the Commissioner of Taxation’s latest bid to block Shell’s $2.3 billion tax deduction for the cost of exploration activities conducted as part of the Browse LNG project off the coast of Western Australia.

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