Employment
Lovisa underpayments class action sets up next reverse onus test
Jewellery retailer Lovisa has struck back at an underpayments class action, saying it does not have the burden of disproving the underpayments claims because the applicants have not proven each alleged unpaid overtime hour was actually worked.
Intellectual Property
Nike loses challenge to swoosh-like trade mark of Canberra football club
Nike has lost its challenge to a Canberra AFL club's trade mark, with IP Australia finding that the “arc-like feature” depicting a football in flight was not deceptively similar to the sportswear giant’s iconic swoosh mark.
Class Actions
Fletcher Building unit points finger at BGC in pipes class action
Iplex Pipelines has argued builder BGC should hand over documents relating to its estimate that it will cost $123 million to fix homes it claims were fitted with faulty pipes manufactured by the Fletcher Building unit.
Appeals
Insurer must indemnify Rio Tinto mine operator for labour hire worker’s injury
A GIO insurance policy held by labour hire company Workpac extended to indemnify a Rio Tinto mine operator for damages resulting from an injury to a worker, an appeals court has found.
Restructuring & Insolvency
US-based Air T to acquire regional carrier Rex Airlines
The administrators of struggling regional airline Rex have entered into a sale agreement with NASDAQ-listed aviation holding company Air T, with the federal government stepping in to facilitate the sale.
Business of Law
Mills Oakley snags new partners for litigation, insurance teams
Mills Oakley has lured three new partners to join its commercial disputes and insurance teams from DLA Piper, HopgoodGanim and Holding Redlich.
Legal Ethics
Lawyer fined for non-compliance with drug test undertaking
A criminal defence lawyer who pleaded guilty to drug possession after being caught with cocaine outside a Queensland courthouse has been slapped with a $10,000 fine and a public reprimand after breaching a drug testing undertaking.
ASIC
Westpac agrees to $20M penalty in ASIC case against RAMS
A judge has raised concerns about whether an agreed-to $20 million penalty against Westpac's defunct home loan subsidiary RAMS is enough to deter other lenders from breaking credit rules.
Tax
Oracle wins stay of dispute with ATO over royalty tax
Software giant Oracle has won its bid to stay a $252 million fight with ATO over royalties, with the Full Federal Court finding the cases would not provide guidance in 15 other software disputes about the operation of the royalty tax.
Employment
Westpac employee told WFH ‘no substitute for childcare’
Westpac has lost a dispute with a part-time employee who asked to work from home to care for two young children and was told by a manager that “working from home is no substitution for childcare”.
