Full Court dismisses Volkswagen $125m penalty appeal

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noreply@blogger.com (Mike Terceiro)

Wow! I didn’t see this coming. The Full Federal Court has dismissed what was effectively a joint appeal by Volkswagen and the ACCC to reduce Judge Foster’s $125 million penalty to the agreed Volkswagen / ACCC penalty of $75 million. The Full Court held that the $125 million penalty was

Full Federal Court's decision on the Quantum unconscionability case

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noreply@blogger.com (Mike Terceiro)

As expected the Full Federal Court has overturned Colvin J’s incorrect intepretation of unconscionability in the Quantum case.

The Full Federal Court found that Colvin J was in error by holding that the taking advantage or exploitation of some vulnerability, disability or disadvantage of the person or persons to whom the

ACCC authorises Queensland Dairyfarmers' Organisation to implement 'Fair Go Dairy' licensing scheme

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noreply@blogger.com (Mike Terceiro)

Not too sure why the ACCC authorised this scheme – I can’t see any public benefit. Given there are no public benefits and clearly some public detriment in terms of excluding non-Queensland dairy farmers from the market and setting a miniumum gate price for milk, I don’t think the scheme

Restrictive Covenants in Victoria–theory and practice

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Matthew Townsend

The attached paper is an updated presentation to the University of Melbourne’s undergraduate Property Law class in April 2021. It provides a relatively comprehensive overview of the law in relation to restrictive covenants in Victoria. Comments are welcome townsend@vicbar.com.au

The findings of two significant Coronial Inquests

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ABC Radio

NSW State Coroner Teresa O’Sullivan has found that the murders of teenagers Jack and Jennifer Edwards by their father were preventable. The Coroner identified a series of serious systemic failures which contributed to the crimes. Also, Victorian Coroner Paresa Spanos has recommended the adoption of pill testing after investigating

Full decriminalisation of sex work on the cards in Victoria

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ABC Radio

The Victorian government is set to consider fully decriminalising sex work this year. Guest producer Carly Godden traces how, over the eras, the law in Victoria has regulated the commercial sex and adult industries.  *Note there are sexual references in this program

Christian Porter no longer Attorney General. And eminent scientists petition for release of convicted killer Kathleen Folbigg

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ABC Radio

On advice from the Solicitor-General, the PM shifts Christian Porter to Minister for Industry, Science and Technology. And following the NSW Court of Appeal ruling that Kathleen Folbigg stay behind bars, the Australian Academy of Science issues a strong statement saying ‘there are medical and scientific explanations for the

Inside Thomas Embling Hospital, a Forensic health facility

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ABC Radio

For the first time a journalist is allowed to record in the Thomas Embling Hospital, Melbourne’s Forensic healthcare facility. Meet therapists, the psychiatrist in charge and some of the patients who have committed a serious crime but are deemed not responsible for their actions due to mental illness.

Disability Royal Commissioner Ron Sackville. And legal win for Torres Strait native title holders

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ABC Radio

Ron Sackville QC, AO, the chair of The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability has been hearing harrowing accounts of the experiences of people with cognitive disability in the criminal justice system. In a legal first, the Kaurareg people of Muralug island obtained

Convicted terrorist to stay in jail on continuing detention order. And sacked climate change skeptic to get his day in High Court

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ABC Radio

The High Court of Australia has upheld the Continuing Detention Order for convicted terrorist Abdul Nacer Benbrika. Even though his fifteen year sentence is over, he is deemed to pose an ongoing threat and he remains in detention. Also, the High Court has agreed to hear the case of

How itchy underpants created our consumer laws

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ABC Radio

If a consumer is injured by a faulty product, they can sue the manufacturer. In Australia, The law of Negligence or Torts forms a fundamental building block of our legal system. As reporter Carly Godden discovers, these laws owe much of their origins to a case from the 1930’s

Family violence killing found to be a workplace death

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ABC Radio

The NSW Court of Appeal found that the killing of a woman by her de facto husband at home was a workplace death and her family are entitled to workers compensation. This decision was handed down in March, just at the time when millions began working from home due

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Former Facebook moderator sues social media giant for PTSD

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ABC Radio

Social media can be useful connecting people and ideas but moderators are needed to keep disturbing and toxic material off the platforms. Chris Gray, a former Facebook moderator claims viewing such content in order to keep us safe, gave him PTSD. He’s the lead plaintiff in an action against Facebook

Adolescents who turn homes into war zones

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ABC Radio

One in ten incidents of family violence are committed by adolescents. Most of the violence is carried out by young males towards their mothers and involves verbal and physical abuse, coercive and controlling behaviours, financial abuse, stalking and property damage. Are our legal and social responses adequate?

Australia’s legal response to WW1 and the 1919 Spanish Flu

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ABC Radio

A timely reflection on the legal responses to two separate but intimately-linked tragedies. During war we saw restrictions on food prices, protests and the freedoms of German Australians. During the Spanish flu crisis we saw maritime quarantines, closed internal borders and spats between the states and feds. Sound familiar?

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Call for regulation of debt repair or credit management companies

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ABC Radio

New research finds that 8% of Australians have used the services of debt management or credit repair companies this year. The Consumer Action Law Centre who commissioned the research are calling for UK-style consumer protections that require these businesses to act in the best interests of clients.    

COVID-19 and jury trials

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ABC Radio

Don a mask and join a tour of the County Court of Victoria with Chief Justice Peter Kidd. Find out how jury trials are being made COVID-19 safe.  And while masks aren’t mandatory in NSW criminal trials, there have been many changes including more judge-only trials.

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