Judge frowns on survey to determine CBA’s liability in rest break case

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A judge has questioned the Finance Sector Union’s idea to use a survey to gather evidence about 3,000 employees who claim the Commonwealth Bank of Australia failed to provide them with paid rest breaks for at least six years.

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Virgin moves to throw out ‘unintelligible’ lawsuit over COVID-19 jab mandate

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Virgin Australia will seek to throw out a case brought by former employees over a COVID-19 vaccine mandate, which a lawyer for Qantas and Jetstar, which are also named in the suit, said “breaks every pleading rule”.

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No smoking gun, but Stock Swami likely to face contempt charge

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Mining investor Tolga Kumova is “likely” to go after Twitter personality Stock Swami for contempt of court after he admitted he lied and withheld evidence in a defamation case, despite a judge saying there was “no smoking gun”.

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BSA can ringfence $13M capital raising from $20M class action payout

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Telco contractor BSA has won a bid to ringfence a $13 million capital raising from a $20 million settlement reached with group members in a Shine Lawyers-led class action accusing the company of misclassifying its workforce of technicians as independent contractors.

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Funder drops ‘uneconomic’ GST class actions after High Court snubs special leave bid

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A judge has signed off on the discontinuance of two class actions against Canberra property developers for allegedly misleading investors about GST on their apartments, after the High Court declined to review a ruling that made the cases “uneconomic” for the funder to pursue.

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AIG loses bid for docs despite privilege waiver over barristers’ advice

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AIG can’t force investment firm Sayers to hand over communications over which it claimed legal professional privilege, with a judge rejecting the argument that Sayers could not “cherry pick” which advice it disclosed after waiving privilege over advice given by two barristers in 2017 and 2019.

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Tegan George forced to regroup with sex discrimination claims against Ten

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A judge has told journalist Tegan George to rework her sex discrimination claims against Network Ten, following an interlocutory stoush over her claims that the network’s Canberra bureau, led by high profile political reporter Peter van Onselen and executive editor Anthony Murdoch “was a workplace that was hostile to women.”

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Whitehaven faces climate challenge to coal mine extension

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An environmental group is challenging the approval of an extension for Whitehaven’s Narrabi coal mine, arguing the NSW Independent Planning Commission failed to consider the project’s impact on climate change.

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DLA Piper brought on to lead case over alleged theft of mining invention

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Western Australian energy company UON has won a bid to file amended claims in two Federal Court proceedings over a mining invention it says was stolen by a rival, after DLA Piper took over the cases from local firm Bennett + Co.

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Law firms must come clean when drafting expert reports

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A judge’s recent ruling throwing out an expert report in a trade secrets case because the law firm briefing the expert had failed to disclose its involvement in preparing the evidence is a stark reminder to solicitors their paramount duty is to the court, not to their client.

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