Against a backdrop of an industrial relations system which has diminished union and workers’ power, class actions are again re-emerging as an alternative tool to challenge employers’ unlawful conduct. And in the current class actions landscape, the ability to run closed class proceedings on behalf of union members, or otherwise offer alternative fee arrangements to non-members in open class proceedings, is essential to trade unions’ willingness to embrace the representative proceeding regime, writes Slater & Gordon lawyer Alex Blennerhassett.
The admissibility of print-outs from the “Wayback Machine – Internet Archive” website is increasingly being considered by the Federal Court of Australia. The decision of Justice Burley in Dyno Nobel Inc v Orica Explosives Technology Pty Ltd on September 17 provides clear insight to the court’s approach to Wayback evidence and the circumstances in which it might be admissible, writes Bird & Bird’s Lynne Lewis and Angelica Sorn.
Former Wallabies star Israel Folau offered to make a public apology for a homophobic social media slur that got him fired, a court has been told.
Retail chain Sunglass Hut has agreed to backpay 620 workers almost $2.3 million after admitting it underpaid its part-time staff in stores across Australia for six years.
A challenge against the election of federal Treasurer Josh Frydenberg and embattled Liberal MP Gladys Liu may be heard by a panel of three judges, Federal Court Chief Justice James Allsop said Tuesday, as the matter speeds towards a possible November hearing.
This month’s decision by the Queensland Supreme Court confirming the validity of the class action funding business model in jurisdictions whose legislatures have not abolished the tort of maintenance and champerty is a landmark one, writes Piper Alderman partners Greg Whyte and Lillian Rizio.
The ACCC has won a record $26.5 million penalty against defunct vocational trainer Empower Institute for “duping” disadvantaged customers into enrolling in courses they couldn’t afford with the promise of free laptops and cash.
The ACCC has issued final guidelines on how Australia’s competition laws will apply to intellectual property assignments and licences following the repeal of the ‘IP exemption’ from prohibitions on anti-competitive conduct which was contained in subsection 51(3) of the Competition and Consumer Act. As of September 13 the IP exemption no longer applies, however, certain worked examples remain undeveloped or unrealistic, such that uncertainties remain as to the ACCC’s likely approach in particular matters, writes Patrick Gay and Amalia Stone of Herbert Smith Freehills.
The ABC is challenging a court ruling last month that rejected its bid to access documents behind the Australian Federal Police’s warrant to search its headquarters and partially blocked an application to amend claims in its case over the legality of the raid.
Mining firm MACH Energy has resolved a lawsuit brought by a former director seeking $20 million in shares allegedly owed under an equity incentive scheme.