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Class action investigation targets Exactech over implants
Product Liability 2023-11-08 2:53 pm By Christine Caulfield

An investigation is underway against US medical device maker Exactech on behalf of patients who allegedly received faulty hip, knee or ankle implants.

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AusSuper admits account merger failings in ASIC case
Superannuation 2023-11-08 11:17 pm By Cat Fredenburgh

AustralianSuper has admitted that it contravened superannuation regulations when it failed to merge the accounts of members who had multiple accounts, but says it has remediated affected customers more than $69 million.

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MP Rebekha Sharkie seeks dismissal of ‘misconceived’ suit over alleged bullying
Employment 2023-11-08 9:57 pm By Cat Fredenburgh

South Australian MP Rebekha Sharkie has asked a court to throw out a “misconceived” lawsuit by a former staffer accusing her of bullying, saying she is not an ’employer’ under the Fair Work Act.

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Shine Lawyers takes ELC provider to school in trade mark spat
Intellectual Property 2023-11-06 11:31 pm By Cat Fredenburgh

Plaintiff law firm Shine Lawyers has succeeded in narrowing the services an early learning services chain can register its ‘Shine Advantage’ trade mark for.

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Court OKs landmark settlement in negligence case by Nauru child refugee
Human Rights 2023-11-06 11:19 pm By Christine Caulfield

A judge has approved the first settlement in dozens of negligence cases against the Minister for Home Affairs on behalf of refugees detained by the Australian government on the island of Nauru.

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Diplomat can’t hide behind immunity, must compensate domestic worker, court says
Employment 2023-11-06 3:24 pm By Sam Matthews

The former Indian High Commissioner to Australia has been ordered to pay compensation to a woman who toiled in his Canberra home for less than $10 per day for over a year, with a judge finding he could not avail himself of diplomatic immunity to avoid liability.

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BHP shareholders from secondary platforms not part of class action, court says
Class Actions 2023-11-03 11:46 pm By Christine Caulfield

BHP has won its argument that shareholders who did not purchase their stock while trading on one of the three exchanges on which the mining giant is listed are excluded from a securities class action over the collapse of a Brazil tailings dam.

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GM on hook for costs after settling with lead dealer in Holden class action
Class Actions 2023-11-03 11:15 pm By Christine Caulfield

General Motors is stuck with the full costs of the applicant in a Holden dealers’ class action as part of a settlement with the dealership, despite arguing it had intended by its offer to pay the costs incurred only by the lead plaintiff itself.

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Lawyers blast freeze on litigation over corporate climate disclosures
Environment 2023-11-03 11:15 pm By Sam Matthews

Lawyers have spoken out against Treasury’s plan to implement a three-year moratorium on private litigation against companies that make misleading claims about their climate credentials, as the Albanese government proposes new climate disclosure requirements.

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Court rejects human rights group’s bid to repatriate Aussies detained in Syria
Human Rights 2023-11-03 12:13 pm By Cindy Cameronne

A human rights group has lost its legal bid to compel the federal government to bring home Australians stuck in Syrian camps, with a a judge finding the Minister for Home Affairs has “no control” over their detention.

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