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In battle of Spitfire creditors, appeals court provides clarity on R&D refunds
Appeals 2023-05-31 2:22 pm By Cindy Cameronne

A private investment fund has won its claim as a secured creditor over $2 million in research and development tax refunds that a court previously found should go to employees in a fight over funds remaining following the collapse of fintech Spitfire Corporation. 

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Sydney University ordered to reinstate lecturer sacked over swastika slide
Employment 2023-05-29 3:13 pm By Sam Matthews

The University of Sydney has been ordered to reinstate a lecturer the court found was unlawfully dismissed over a slide of a Nazi swastika superimposed on the Israeli flag, but the order is stayed pending the school’s appeal.

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Law firm loses appeal in pay feud with high fee earner
Appeals 2023-05-26 11:09 am By Sam Matthews

A Melbourne law firm has lost its appeal of a $184,000 judgment in favour of a former junior lawyer who earned hundreds of thousands of dollars per year under a lucrative pay structure.

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Peter V’landys’ appeal flops in defamation case over ABC racehorse cruelty report
Appeals 2023-05-26 10:54 am By Sam Matthews

Racing NSW CEO Peter V’landys AM has failed to revive his defamation case against the ABC over a 7:30 segment that revealed racehorses were being killed in violation of industry rules, despite the appeals court noting that the report “treated him very shabbily” and “was not high quality journalism.”

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Spain to revive immunity claims in latest suits to enforce $166.7M arbitration awards
Arbitration 2023-05-25 3:38 pm By Cindy Cameronne

Spain has foreshadowed a fresh High Court challenge claiming it is immune from proceedings brought by a renewable energy company and a Deutsche Bank subsidiary to enforce arbitration awards totalling $166.7 million related to changes to its renewable energy policies.

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Insurers challenge CIMIC win on coverage for Iraq bribery cases
Insurance 2023-05-24 1:12 pm By Sam Matthews

Appeals and cross-appeals are flying over a judge’s finding that engineering services firm CIMIC Group can pursue insurance claims for costs arising from allegations it engaged in corrupt practices, including a $32 million class action settlement.

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High Court to weigh in on whether finger pointing allowed in arbitration
High Court 2023-05-22 1:20 pm By Sam Matthews

The High Court has agreed to weigh in on whether proportionate liability defences can be applied in the context of commercial arbitration.

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Corrs Chambers not required to disclose involvement in drafting expert report: Full Court
Legal Ethics 2023-05-19 11:36 pm By Sam Matthews

An appeals court has said that while it might be desirable for law firms to disclose their involvement in drafting expert reports, they are not legally obligated to do so, overturning a finding that Corrs Chambers Westgarth went “far beyond the permissible scope” of involvement in a report prepared for a trade secrets case.

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Tech exec subjected to DXC’s ‘unreasonable’ 7-year restraint clause wins appeal
Technology 2023-05-16 10:28 pm By Sam Matthews

An appeals court has found a seven-year non-competition clause in US tech giant DXC Eclipse’s agreement with the former director of Melbourne software firm Sable37, which it acquired in 2018, was unreasonable.

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Opal Tower class action funder’s appeal of cuts to commission falls flat
Class Actions 2023-05-12 11:13 pm By Cat Fredenburgh

An appeals court has shot down funder Augusta’s challenge to a decision that cut its commission in the Opal Tower class action, putting funders on notice that they will have to marshal compelling evidence to win approval for their returns from an increasingly watchful court.

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