Appeals

ASIC is appealing the dismissal of its case against software company Nuix over representations in a prospectus for its $1.7 billion float, saying it was concerned the court got it wrong.

A Qube unit and a developer have lost their bid to revive a $20 million suit against the Department of Defence over asbestos contamination at the Moorebank Intermodal Precinct, with an appeals court finding the department wasn't required to return the land to "pristine" condition.

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.