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Invisalign wins appeal against penniless SmileDirectClub over teeth straightener claims
Appeals 2024-04-11 9:07 pm By Sam Matthews

Dental aligner maker Invisalign has won an appeal of a decision rejecting its case accusing SmileDirectClub of misleading consumers, but the appeals court noted that the prospect of a new trial was “remote” after its competitor went under.

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Postgrads class action faces knockout bid as UTS flags novel fight
Class Actions 2024-04-11 2:59 pm By Sam Matthews

An underpayments class action brought by postgraduate research candidates at the University of Sydney is facing another summary dismissal bid from the federal government, as the university foreshadows a novel argument that the group members are not employees.

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Advisory firm Lanterne cops $1.25M penalty for ‘effectively ignoring’ AFSL obligations
Financial Services 2024-04-11 11:48 pm By Andy Sidler

Advisory firm Lanterne Fund, which operated as a ‘licensee for hire’, has been hit with a $1.25 million penalty for breaching its obligations as a financial services licence holder.

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ASIC launches appeal in landmark case over Finder Wallet’s cryptocurrency
Cryptocurrency 2024-04-11 3:48 pm By Christine Caulfield

The Australian Securities and Investments Commission is challenging a decision that Finder Wallet did not need a financial services licence to sell its defunct cryptocurrency product.

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Indigenous fishing rights class action against NSW could cover 15,000 people, court told
Class Actions 2024-04-11 11:56 pm By Cindy Cameronne

A class action against the New South Wales government alleging it discriminated against Indigenous communities on the south coast for engaging in cultural fishing practices will include up to 15,000 people, a court has heard.

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Qatar Airways passengers can’t sue airline over strip searches
Aviation 2024-04-11 2:32 pm By Cindy Cameronne

A judge has summarily dismissed a case by five passengers against Qatar Airways that alleged the airline was liable for invasive examinations conducted by Qatar police after a newborn baby was found in a bin at the Doha airport. But the case is allowed to continue against subsidiary MATAR.

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‘Disappointing’: Lawyers bemoan loss of right to challenge ACCC merger decisions in court
Analysis 2024-04-10 11:11 pm By Cindy Cameronne

Competition law experts have raised doubts about changes to Australia’s merger review regime announced Wednesday, calling the reforms a mixed bag for businesses and the reduced role of the Federal Court “disappointing”.

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Dumpling chain fined $4M for ‘calculated scheme to rob employees’
Employment 2024-04-10 11:45 pm By Sam Matthews

The collapsed companies behind dumpling chain Din Tai Fung have been hit with over $3.8 million in penalties after a judge found they engaged in a “a calculated scheme to rob employees of their hard-earned wages and deceive the authorities”.

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Judge’s refusal to disqualify himself from MinterEllison costs dispute overturned
Business of Law 2024-04-10 10:54 pm By Sam Matthews

A judge’s refusal to recuse himself from hearing a costs dispute between MinterEllison and a former client has been overturned, with a court finding that a number of complaints made about the judge by the client created “a contest” between them.

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Genuine redundancy exception to unfair dismissal not a given, court says
Employment 2024-04-10 3:06 pm By Cindy Cameronne

The allowance for genuine redundancies is “not absolute” and employers need to consider measures to redeploy workers, including retraining, an appeals court has said in an unfair dismissal case involving 22 mining workers.

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