Booktopia denies ‘systematically’ refusing refunds after 2 days

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Online book retailer Booktopia has admitted it scrapped a term requiring two days’ notice of damaged or incorrect books, but rejects claims by the ACCC that the policy resulted in a systematic refusal to refund customers.

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GetSwift class action settlement at risk as financial position in doubt

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A settlement agreement in a shareholder class action against GetSwift may be scrapped as the applicant seeks more information as to whether the logistics company is solvent or about to go under.

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Class action waiver in Ruby Princess cruise T&Cs not unfair, court told

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A class action waiver in the terms and conditions of tickets purchased by US passengers embarking on the fateful Ruby Princess cruise at the height of the first COVID-19 wave was neither unfair nor onerous, an appeals court has heard.

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‘Vicious rhetoric’: WA premier’s remarks about Clive Palmer more than name-calling

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Comments made about Clive Palmer by Western Australia premier Mark McGowan in press conferences were “heavy with historical and sinister significance”, a court has heard on the first day of trial in the mining billionaire’s defamation case. 

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‘If you don’t lie, you will lose them’: Ben Roberts-Smith silenced ex-wife with custody threats, trial told

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Victoria Cross recipient Ben Roberts-Smith told his wife she would lose access to their children if she did not lie to his lawyers and the media about his extramarital affair, a court has heard.

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Government settles sexual harassment claims against Dyson Heydon

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The federal government has settled the claims of three former associates of ex-High Court Justice Dyson Heydon after an independent investigation found they were victims of sexual harassment on the job.

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ACCC wins case against J Hutchinson, CFMEU over construction boycott

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In a victory for the Australian Competition and Consumer Commission, a judge has found that builder J Hutchinson entered into an anti-competitive agreement with the CFMEU to boycott an independent subcontractor at a construction site in Brisbane.

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Iluka Resources judgment shows shareholder class actions not mere cheque writing exercise

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The Federal Court’s recent dismissal of a class action against Iluka Resources provides assurance to companies and their D&O insurers that shareholder class actions are not necessarily merely a cheque writing exercise and that robust defences will be accepted by the courts, says Clyde & Co partner Patrick Boardman.

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Tireless defence by lawyers felled criminal cartel case against banks

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From a lengthy committal hearing challenging the ACCC’s investigatory techniques to repeated attacks on the prosecution’s indictment, an indefatigable team of barristers and lawyers across eight law firms helped bring an end to the four-year long pursuit of criminal cartel charges against three banks and six individuals over a $2.8 billion ANZ share placement.

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