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Judge clarifies rights of responsible entities to recoup MIS costs
A Federal Court judgment has laid out when a responsible entity of a managed investment scheme will be indemnified for its operating costs and when it can recoup legal costs in defending lawsuits brought over trust property.
High Court to hear Spain’s sovereign immunity claims in $375M arbitration dispute
The High Court has agreed to weigh in on whether an Australian court's recognition of a $375 million international arbitration award against the kingdom of Spain violated the sovereign immunity doctrine.
Independent candidate Zoe Daniel wins fight against council over yard signs
In a victory for Victorian independent candidate Zoe Daniel, the state's Supreme Court has found that promotional signs displayed on lawns did not fall foul of a local council ban on unauthorised displays.
IAG appeals to High Court, says JobKeeper should offset any COVID-19 payouts
While mostly prevailing in test cases over coverage for COVID-19 business interruption claims, Insurance Australia Group has asked the High Court to weigh in on what it says is a "radical" approach by an appeals court in the treatment of JobKeeper payments.
Court appoints contradictor in class action funder’s challenge to MIS rules
The Full Federal Court has appointed a contradictor to "take up the cudgels" against funder Litigation Capital Management, which has challenged a judgment refusing to find that a class action filed against Queensland electricity operators was not a managed investment scheme.
High Court grants Western Power special leave in bushfire class action
The High Court will hear a challenge by Western Power to an appeals court judgment which found that the state-owned electricity supplier breached its duty of care to inspect power poles on private land and was partly liable for property damage from the 2014 Perth Hills bushfire.
Google should pay aggravated damages for video ‘abuse’ of Barilaro’s lawyers, court hears
Counsel for John Barilaro on Tuesday detailed the online abuse his lawyers faced in acting in a defamation suit over videos posted by commentator Jordan Shanks, as the court heard YouTube owner Google has abandoned its last line of defence in the case.
Developer misled buyers of $9.58M South Yarra apartment with ‘artistic impression’
Property developer JD Group will have to pay damages to a Melbourne couple after a judge found the company’s artistic renderings of a $9.58 million South Yarra apartment were “deliberately misleading”.
7-Eleven ordered to pay $595,000 for misleading franchisee over term of lease
Convenience store giant 7-Eleven must hand over $595,000 to a franchisee found to have signed a franchise agreement and invested almost $796,000 into a Melbourne store under false pretences.
Judge’s ‘blood boils’ over lack of cooperation in Domino’s class action
A judge has censured Domino’s Pizza and the lead applicant in an underpayments class action, saying their lack of cooperation made his “blood boil”.