Super fund REST reaches ‘groundbreaking’ settlement in lawsuit over climate disclosures

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Retail Employees Superannuation has settled a lawsuit brought by an ecological landscaper and activist over its climate change disclosures, acknowledging the need to identify the risks of climate change.

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Newspapers seek ‘deeply personal’ documents about Ben Roberts-Smith’s alleged affair

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Lawyers from three newspapers being sued by war veteran Ben Roberts-Smith for defamation are seeking sensitive documents alleged to show the former soldier asked his wife to lie about an affair.

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‘Urgent action had to be taken’: Court tosses challenge to Victoria’s COVID-19 curfew

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The Victoria Supreme Court has dismissed a lawsuit by restaurant owner and Liberal member Michelle Loielo challenging the validity of the Victoria government’s now dropped COVID-19 curfew, with a judge finding that the measure was legal and “proportionate to the purpose of protecting public health”.

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Viagogo appeals $7M penalty for duping consumers

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Viagogo has appealed a $7 million penalty handed down after a judge found the ticket reseller had misled consumers into thinking it was an official vendor and failed to disclose booking fees of around 28 per cent.

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National Library to back pay staff $250,000 in agreement with FWO

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Australia’s largest library has entered into a “stringent” enforceable undertaking with the Fair Work Ombudsman after underpaying more than 100 employees to the tune of $250,000 in wages and super.

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Common fund order issue can’t be decided in ‘evidentiary vacuum’, NSW appeals court says

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The NSW Court of Appeal has passed on the question of whether a judge can make a common fund order when a class action settles to ensure a certain return to litigation funders, but the issue is not going away, whatever the Federal Court’s decision in a parallel case.

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ASIC alleges funeral insurer made false claims in spruiking plans to Aboriginal customers

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Funeral insurer ACBF Funeral Plans and parent company Youpla Group are facing legal action from the corporate regulator alleging they breached financial service laws by making false claims in a funeral insurance policy sold primarily to Aboriginal consumers.

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Government kicks off review into privacy law overhaul

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The Attorney-General’s office has begun its review into whether the Privacy Act is fit for the digital age, including whether the law should be changed to allow consumers to bring lawsuits, including class actions, for privacy breaches.

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Findex can’t enforce ‘convoluted’ restraint clauses against advisor who poached clients, court says

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Accounting firm Findex has lost an appeal of a court’s judgment tossing its case against a former financial advisor, despite the court finding he had poached the company’s clients and caused $742,000 in losses.

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Banksia funder Mark Elliott’s ‘practice’ of deleting emails doesn’t gel, court told

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A routine practice by the funder behind the scandal-ridden Banksia class action of deleting emails, documented in a letter by his solicitors just days before his death, isn’t consistent with the electronic record maintained in another class action in which he was involved, a court overseeing a trial in the case has heard.

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