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High Court says real estate agency not liable for developer’s source code theft
Intellectual Property 2023-12-06 4:10 pm By Cindy Cameronne

The High Court has found Victorian real estate agency Biggin & Scott did not authorise through “indifference” the theft of Campaigntrack’s source code by a software developer it hired to create a cloud-based real estate marketing platform.

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Full Court finally sets date for 7-Eleven class action funder’s CFO fight
Class Actions 2023-12-05 11:45 pm By Christine Caulfield

The date has been set for a hearing in the second case to test the argument that judges lack power to make a common fund order when a class action settles, and the litigation funder challenging the argument can expect a sympathetic ear.

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Seven must produce emails exchanged with Ben Roberts-Smith’s lawyers
Defamation 2023-11-30 1:33 pm By Cindy Cameronne

An appeals court has refused to set aside subpoenas forcing Seven to produce some of the 8,600 emails it exchanged with Ben Roberts-Smith’s solicitors concerning his failed defamation case over alleged war crimes he committed in Afghanistan.

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Insurers appeal ruling putting them on hook for Opal Tower class action costs
Appeals 2023-11-29 11:27 pm By Cat Fredenburgh

The Full Court will weigh in on whether Opal Tower engineer WSP was excluded from builder Icon’s policy coverage for subcontractors and should cover it own class action costs.

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BHP class action fights ruling limiting group size
Appeals 2023-11-28 1:44 pm By Cat Fredenburgh

A class action against BHP over the collapse of a Brazilian dam has appealed a judgment that found shareholders who did not purchase their stock on one of the three exchanges on which the mining giant is listed are excluded from the case.

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Sandoz tries again to invalidate Xarelto patents
Intellectual Property 2023-11-23 11:31 am By Cat Fredenburgh

Novartis unit Sandoz AG has filed an appeal after it was was barred from selling a generic version of top-selling blood clot drug Xarelto and failed to revoke two Bayer patents for the drug.

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KPMG asks High Court again to hear class action transfer fight
Class Actions 2023-11-22 11:25 pm By Christine Caulfield

Accounting firm KPMG has asked the High Court for a second time to weigh in on the relevance of a contingency fee order made in a Victoria Supreme Court class action to its bid to transfer the case to NSW.

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High Court asked to take up judicial immunity appeal
Appeals 2023-11-22 4:07 pm By Cat Fredenburgh

The state of Queensland has urged the High Court to step in after a Federal Circuit and Family Court judge was held personally liable for a man’s false imprisonment.

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BHP loses plea to High Court in case over Christmas Day work mandate
Employment 2023-11-21 11:42 pm By Christine Caulfield

The High Court has dashed a BHP unit’s bid to appeal a win for the CFMMEU in a case on behalf of coal miners rostered for shifts on Christmas Day and Boxing Day in central Queensland’s Daunia Mine in 2019.

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End of the road for Arrium lenders’ case against directors
Financial Services 2023-11-20 11:21 pm By Cat Fredenburgh

The High Court has denied a bid for special leave by the Commonwealth Bank and other lenders to challenge a ruling that found two Arrium directors did not mislead them about loan drawdown notices ahead of the steel company’s $2.8 billion collapse. 

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