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High Court upholds rejection of liquidator’s bid for pooling orders
The High Court has rejected a liquidator’s appeal arguing that two NSW printing press companies’ joint right to sue could be pooled to pay off debts for the entire corporate group.
Judges not constrained by unconscionable conduct checklist, High Court finds
The High Court has rejected an appeal by Captain Cook College of a finding that it engaged in systemic unconscionable conduct by enrolling thousands of unsuitable students, finding courts are not constrained by factors the consumer law says it "may consider" in deciding if conduct rises to the level of unconscionability.
Garuda Airlines immune from creditor’s winding up bid, High Court says
The High Court has dismissed an appeal of a decision which found Indonesia's national airline could avail itself of foreign state immunity to defeat a winding up application.
High Court overturns class action waiver finding in Ruby Princess case
The High Court has overturned a ruling that barred foreign passengers from a class action over the ill-fated Ruby Princess cruise in 2020, finding a class action waiver in the terms and conditions of their tickets was unenforceable under Australia's consumer laws.
High Court says real estate agency not liable for developer’s source code theft
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.
High Court finds Victoria’s electric car tax invalid
The High Court has struck down a Victorian tax on electric cars, finding the state usurped powers held only by the federal government.
‘More is more’ approach to pleadings an increasing problem, lawyers say
A Federal Court judge who recently ordered new pleadings in a copyright case against CoreLogic is the latest judge fed up with plaintiffs pleading innumerable alternatives that waste court resources, add to the length of trials and extend the wait time for judgments.
High Court won’t hear appeal of security for costs order in Westconnex class action
The High Court has refused to hear an appeal of a decision forcing an unnamed litigation funder to provide $415,000 in security for the NSW government’s defence costs in a class action over the alleged fraudulent acquisition of land for construction of the $16 billion WestConnex tunnel.
In defamation victory, High Court finds Google not a publisher
Google has won its appeal of a judgment awarded to gangland lawyer George Defteros that found the tech giant liable for linking to an allegedly defamatory article, with the High Court finding Google was not the publisher of the story.
High Court restores $435,000 award to sex offences prosecutor diagnosed with PTSD
The High Court has reinstated a $435,000 judgment awarded to a former lawyer who suffered post-traumatic stress disorder while working for the Special Sexual Offences unit in Victoria's Office of Public Prosecutions.