Class action investigation targets OTR Group’s Smokemart & Giftbox chain

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OTR Group’s network of Smokemart and Giftbox stores face a potential class action that would allege the chains breached employment laws by depriving workers of breaks during shifts.

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Noni B owner defends ACCC claims, blames COVID-19 for delivery delays

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Fashion retailer Mosaic Brands has denied claims by the consumer cop that it failed to deliver hundreds of thousands of products to customers within advertised time frames, saying the delays were reasonable given COVID-19 and the failures of logistics and delivery partners, including Australia Post. 

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PayPal’s 60-day complaint deadline in small biz contracts unfair, judge says

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The corporate regulator has secrued orders barring fintech giant PayPal from enforcing a term in its contracts with small businesses that set a two-month deadline for complaints about excess fees.

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DePuy class action member loses challenge to compensation, 12 years after settlement

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A group member in a class action against Johnson & Johnson unit DePuy International has lost his bid to challenge his compensation determination 12 years after the case settled, with a judge finding that the independent counsel conducting the determination was not bound by the rules of procedural fairness.   

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Law firms take aim at rival’s ‘copied’ pleadings in battle to run IC Markets class action

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In a contest to run a class action against International Capital Markets over risky derivative products, a proposed consolidated proceeding has taken aim at third-to-file Banton Group for allegedly copying its case. 

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Santos wins bid for EDO communications as it pursues costs in Barossa pipeline case

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Santos has largely succeeded in its bid for documents from the Environmental Defenders Office and expert witnesses in a failed case challenging the construction of the oil and gas company’s $5.6 billion Barossa pipeline.

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Delta Building appeals $1.5M fine in National Gallery bid rigging case

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Industrial technology company Delta Building Automation has appealed a $1.5 million penalty for attempting to rig a bid for construction work on the National Gallery of Australia, a penalty five times the amount it claimed it should face.

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Barrister can’t beat professional misconduct finding over allegation of fraud

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An appeals court has knocked back a Melbourne barrister’s challenge to a decision that found him guilty of professional misconduct for making an unsubstantiated allegation of fraud in a costs dispute. 

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Lawyers weigh in on moratorium on climate disclosure litigation

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A Greens senator has called for reducing a proposed immunity from climate disclosure litigation from three years to one after lawyers, including the NSW Bar Association, blasted the moratorium. But some law firms say the immunity doesn’t go far enough and should shield companies and their officers from continuous disclosure-related claims.

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Lendlease’s $1.3B sale of residential portfolio to Stockland raises red flags: ACCC

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Lendlease’s plan to sell a portfolio of residential community projects to Stockland for $1.3 billion has raised concerns for the ACCC, which worries the transaction may substantially lessen competition in the supply of residential masterplanned community housing lots in four regions.

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