Appeals

Zip Co has reached an agreement to acquire the 'Zip' trade mark from non-bank lender Firstmac, after the High Court rejected its honest concurrent use defence last week.

Former NAB super fund trustee NULIS Nominees was able to charge $165 million in fees for paying adviser commissions after conflicted remuneration was banned in 2016, an appeals court has ruled. 

A judge has tossed a 117-ground appeal by a former Sun Legal client who was awarded over $1.2 million after his solicitor was found to have failed to give proper advice about a Victoria hotel purchase.

In the first climate change case to reach its doors, the High Court has been urged to reject Mach Energy’s “strict approach” to considering the local impacts of its Mount Pleasant coal mine extension under the Environmental Planning and Assessment Act.

The Full Court has found women-only social media app Giggle for Girls committed direct discrimination on the basis of gender identity by excluding a transgender woman from the platform and slapped its founder with aggravated damages for repeated misgendering during trial.

The Full Federal Court has dismissed an appeal in a class action over the government’s 2011 live exports ban, which will have consequences for the damages that can be awarded to cattle exporters. 

LG Australia has defeated an appeal of a decision which found it did not breach the duty of care owed to the owners of a refrigerator which caught fire, who were not provided with a replacement through a recall process.

ASIC has lost its appeal of a failed bid to strike out of parts of mining magnate Clive Palmer’s claim that he was subject to an unlawful examination by the regulator, with a judge finding the pleading properly identified the ASIC officers involved. 

A funder bankrolling proceedings over the compulsory acquisition of land for the Westconnex road project in Sydney has lost its bid to revive a lawsuit against the plaintiffs, with an appeals court saying it was a “classic example of abuse of process”.

The High Court of Australia will hear the appeal of a failed class action over the planned demolition of inner-city public housing towers in Melbourne, which will involve consideration of the right to remain in settled social communities.