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The Full Court is set to examine whether the Federal Court has the power to make class closure orders prior to mediation, weighing on one of the biggest unanswered questions vexing the class action regime.
a2 Milk wins trade mark ruling after IP Australia left ‘legitimate uncertainty’
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A judge has allowed two a2 Milk trade marks to proceed to registration despite “legitimate uncertainty” created by IP Australia in a long-running intellectual property spat with competitor Lion Dairy & Drinks.
ACCC trying to ‘fit a square peg into a round hole’ with bank cartel case, court hears
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The ACCC has been accused of running a “experimental test case” that tries to fit the shares market within the scope of the Competition and Consumer Act with its criminal cartel case against Citigroup, Deutsche Bank and several prominent banking executives over a $2.5 billion ANZ share placement.
Fair Work Commission finds BHP vaccine mandate unlawful
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A full bench of the Fair Work Commission has struck down a BHP requirement that all workers at its Mt Arthur coal mine in NSW be vaccinated against COVID-19, finding the mandate was unreasonable and unlawful for lack of consultation.
Training college AIPE hit with record $153M penalty for ‘unconscionable’ enrolment system
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Collapsed NSW training company Australian Institute of Professional Education has been slugged with a $153 million penalty, the highest ever fine in a consumer law case, after the Federal Court found the school targeted vulnerable students through an “unconscionable” enrolment system.
Judge denies ‘hostility’ towards COVID-19 vaccine mandate challengers
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Victorian workers challenging the government’s health directions requiring workers to be vaccinated against COVID-19 have lost their second bid to disqualify the judge hearing the case on the ground of apprehended bias.
NAB super class action won’t get decision on damages at initial trial
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The applicant in a class action against NAB superannuation trustee NULIS has lost his bid to have a judge determine aggregate damages at an initial trial.
WiseTech reaches settlement in freight forwarder’s restraint of trade case
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Freight forwarding company Mondiale has dropped its court action against WiseTech Global alleging the logistics firm breached competition law by misusing its substantial market power.
Court tosses appeal of $1.96M judgment awarded to cryptocurrency trader
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An appeals court has thrown out a challenge to a judgment awarding a cryptocurrency trader $1.96 million in cash and a property purchased for $1.5 million over a deal with a convicted fraudster involving “millions of dollars of cash in bags and suitcases”.
‘No prospects of success’: Judge tosses COVID-19 class action over Victoria’s botched hotel quarantine
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Two landmark class actions seeking damages from the Victorian government for economic losses suffered during last year’s second wave of COVID-19 have been thrown out, but one of the cases will be given a second chance to proceed.