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‘It should not happen’: AAT panned for verbatim copying of winning side’s arguments
Appeals 2023-03-02 11:36 pm By Christine Caulfield

A decision by the Administrative Appeals Tribunal that reproduced almost entirely verbatim and without attribution the submissions of the prevailing party as its own reasons damages the public’s trust in the AAT and must be overturned, a court has ruled.

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Daily Mail says Erin Molan’s ‘egregious conduct’ warrants reversal of $150,000 damages award
Defamation 2023-03-02 11:20 pm By Sam Matthews

The Daily Mail has argued that Nine sports presenter Erin Molan should be stripped of a $150,000 defamation damages award because of her history of “seriously egregious conduct” on 2GB’s Continuous Call Team radio show.

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Advanta beats back appeal in contaminated seeds class action
Appeals 2023-02-28 9:55 pm By Sam Matthews

Advanta Seeds has won an appeal upholding the dismissal of a class action by sorghum farmers over allegedly contaminated seeds, with a court finding that the seed producer’s duty of care was negated by clear disclaimers.

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ACCC loses appeal in ‘fanciful’ NSW Ports competition case
Competition & Consumer Protection 2023-02-23 1:23 pm By Cindy Cameronne

The Australian Competition and Consumer Commission has lost its challenge to a decision that tossed its case alleging NSW Ports stymied competition when it signed a 50-year agreement with the state to privatise two ports. 

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Sparke Helmore wins reversal of $285,000 negligence judgment
Appeals 2023-02-22 4:30 pm By Sam Matthews

An appeals court has thrown out a $285,000 negligence judgment against Sparke Helmore over two sales contracts worth $1.5 million and rejected a NSW developer’s attempts to squeeze the law firm for a heftier damages bill.

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Full Court urged to toss ASIC’s ‘fatal’ appeal in CBA conflicted remuneration case
Financial Services 2023-02-22 5:46 pm By Cindy Cameronne

The Commonwealth Bank of Australia has urged the Full Court to toss ASIC’s challenge to a decision dismissing its conflicted remuneration case over the bank’s sale of its Essential Super product, saying the appeal suffered from “fatal” flaws.

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Sunwater asks High Court to hear floods class action coverage spat
Class Actions 2023-02-21 11:20 pm By Christine Caulfield

Dam services provider Sunwater has asked the High Court to take its side in a dispute over insurance coverage for a $440 million class action settlement with victims of the 2010-2011 floods in Queensland.

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BCC loses appeal over $8M trade credit policy to Phoenix financier
Appeals 2023-02-21 1:00 pm By Cindy Cameronne

Insurer Bond & Credit Company has lost its appeal of a decision ordering it to indemnify an Australian non-bank lender that provided $8 million in trade finance to companies in Phoenix Group shortly before its collapse.

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Workers’ rights at mercy of employers if Qantas wins in High Court, says TWU
Employment 2023-02-21 4:27 pm By Cindy Cameronne

The Transport Workers Union has predicted wide-reaching consequences for workplace rights if Qantas succeeds in its High Court appeal of a finding that it breached the Fair Work Act when it outsourced ground crew work during the height of the COVID-19 pandemic.

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Broker loses appeal of 2014 banning order, again
Appeals 2023-02-21 3:11 pm By Cindy Cameronne

A mortgage broker has lost his challenge to a tribunal’s decision to uphold a lifelong ban by the Australian Securities and Investments Commission.

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