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Last stop for ACCC as High Court refuses leave to appeal Pacific National, Aurizon deal
Competition & Consumer Protection 2020-12-08 1:34 pm By Christine Caulfield

The ACCC has reached the end of the line in its challenge to Pacific National’s $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, with the High Court dismissing the competition regulator’s application to take up the appeal.

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High Court asked to deal death blow to common fund orders
High Court 2020-12-07 4:57 pm By Cat Fredenburgh

Convenience store chain 7-Eleven has asked the High Court to find courts do not have the power to make common fund orders at settlement or judgment in a class action, one year after the High Court ruled common fund orders could not be made in the early part of a representative proceeding.

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Stood-down Qantas workers lose second bid for sick leave
Employment 2020-11-27 10:13 pm By Christine Caulfield

Qantas workers on stand-down orders during the coronavirus pandemic have lost an appeal to overturn a ruling that they are not entitled to access paid sick or compassionate leave.

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Rio Tinto execs’ trial vacated given likelihood of COVID-19 vaccine
COVID-19 2020-11-27 6:58 pm By Spencer Fowler Steen

A judge has vacated a seven-week trial in proceedings brought by ASIC against two former Rio Tinto executives to March or April 2022, after they requested a “lengthy delay” to ensure a COVID-19 vaccine would be available before they travel to Australia for trial.

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High Court to hear challenge to landmark ruling on casual workers’ rights
High Court 2020-11-26 1:39 pm By Cat Fredenburgh

The High Court has granted special leave to labour hire company WorkPac to challenge a Full Court judgment that granted entitlements to casual workers with regular shifts.

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Tucker Cowen hit with unfair dismissal lawsuit by senior counsel
Employment 2020-11-25 2:16 pm By Miklos Bolza

Brisbane-based law firm Tucker Cowen and three of its principals are facing an unfair dismissal case by a former special counsel who exited the firm earlier this year.

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South Australia may face class action over lockdown based on pizza shop lie
COVID-19 2020-11-24 12:04 pm By Cat Fredenburgh

The state of South Australia is facing a possible class action over a restrictive six-day lockdown that was lifted after two days when it was discovered that a worker connected to a coronavirus outbreak in Adelaide had lied to contact tracers about the time he spent at a pizza shop.

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Rio Tinto execs’ trial can wait until COVID-19 vaccine, court hears
COVID-19 2020-11-23 10:32 pm By Spencer Fowler Steen

A former Rio Tinto executive living in the US who wants to appear in person at an upcoming trial in a case brought by ASIC says the hearing should be moved to next year when a COVID-19 vaccine will likely become available and he could travel to Australia to “mount a vital defence”.

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Law firm investigates COVID-19 business interruption class action
COVID-19 2020-11-20 1:57 pm By Cat Fredenburgh

Insurers may face a class action by holders of business interruption insurance that have had their COVID-19-related claims rejected, following their loss in a test case over whether an infectious disease exclusion in business interruption cover applies to coronavirus-related claims.

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Insurers lose COVID-19 business interruption test case
Insurance 2020-11-18 11:31 pm By Cat Fredenburgh

Insurers will face a flood of pandemic-related claims after an appeals court ruled in a test case brought by the Insurance Council that certain infectious disease exclusions in business interruption cover do not apply to coronavirus-related claims.

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