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Challenges to jab mandate for ‘perfectly healthy people’ exceptional, court told
COVID-19 2021-09-28 9:45 pm By Bianca Hrovat

Cases challenging the NSW government’s COVID-19 vaccination mandate for the state’s police officers, teachers and healthcare workers are exceptional enough to warrant production by the government of documents presented to state cabinet before the public health order, a court has heard.

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ASIC’s first COVID-19 case against lender ‘sufficiently clear’, judge says
Financial Services 2021-09-28 9:57 pm By Cindy Cameronne

Personal lender ClearLoans has lost its bid to strike out claims in ASIC’s first case related to the COVID-19 pandemic after a judge found the regulator’s action, which accuses the lender of breaching the hardship provisions of the credit laws, was “sufficiently clear”.

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Judge wrong to shut down MySuper class action, appeals court hears
Appeals 2021-09-27 9:01 pm By Miklos Bolza

A judge overstepped in throwing out a class action against two National Australia Bank units over alleged MySuper mismanagement because of a carveout in the Victorian Supreme Court Act which bars class actions involving trust property, an appeals court has heard.

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Objection to barrister’s eye rolling during BlueScope cross-exam shot down
Competition & Consumer Protection 2021-09-27 9:29 pm By Cindy Cameronne

A judge hearing a price-fixing case against steel giant BlueScope has overruled an objection to the ACCCs barrister’s allegedly excessive “eye-rolling” and “scathing and sarcastic” manner during a cross-examination in which the company’s general manager was accused of lying under oath.

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Joint privilege ruling to have implications for class actions against super trustees
Expert Insights 2021-09-27 11:09 pm By Editor

An interlocutory decision in a class action against superannuation trustee Colonial First State Investments may have significant implications for how cases against super fund trustees are litigated in the future, says Slater & Gordon’s Jessica Zarkovic and Joel Gilbourd.

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Funder’s critical intervention in liquidator’s case leaves it on hook for costs
Restructuring & Insolvency 2021-09-24 2:50 pm By Bianca Hrovat

A judge has issued a stern warning to litigation funders seeking to take a “gamble” on pending court proceedings, ruling they could be held liable for costs if their intervention proves critical to the advancement of the case.

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Junior doctor behind class action can’t seek compensation for group members, court told
Class Actions 2021-09-24 9:18 pm By Miklos Bolza

NSW Health wants to amend its defence to an underpayments class action on behalf of 24,000 junior doctors, bringing claims that the lead applicant is barred from seeking compensation for group members under industrial relations law.

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In COVID-19 vaccination cases, judge quashes subpoena ‘stunt’ for info behind Berejiklian TV remarks
COVID-19 2021-09-24 9:41 pm By Bianca Hrovat

A judge has set aside a subpoena that allegedly sought to “embarrass the New South Wales government”, in lawsuits contesting compulsory COVID-19 vaccination orders made by state health minister Brad Hazzard.

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Latest patent ruling rejecting AI inventorship puts Federal Court in minority
Intellectual Property 2021-09-24 1:58 pm By Miklos Bolza

The Federal Court’s decision that artificial intelligence can be listed on a patent application as the inventor has become an outlier, as the UK joins the US in rejecting what has become an international battle to claim AI inventorship.

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Media outlets win reprieve from ban on filming lockdown protests
COVID-19 2021-09-24 4:00 pm By Miklos Bolza

Nine Network, Seven Network and the Australian Broadcasting Corporation have won a temporary injunction barring the Civil Aviation Safety Authority from declaring the area above the Melbourne CBD to be a restricted area in response to anti-lockdown and anti-vaccine protests that have disrupted the city.

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