Another failed class action is headed to the Full Court, with a case against ex-CBA unit Count Financial appealing a ruling that found advisors did not breach their duty to act in their clients’ best interest.
The common practice of splitting hearings on questions of liability and penalty may become “completely untenable” when there are credit issues, if the High Court upholds a recent recusal decision, a judge has said.
Zip Co wants the High Court to weigh in on the defence of honest concurrent use in trade mark infringement cases, pointing to a “glaring inconsistency” between two recent rulings.
Disgraced soldier Ben Roberts-Smith is digging in with his attack on a judge’s findings that he committed war crimes in Afghanistan, asking the High Court to find in his favour in a defamation case against Nine.
The High Court has rejected a special leave application from a shareholder class action against BHP asking it to clarify the correct approach to construing the group member definition.
The High Court has declined a special leave application from a former HWL Ebsworth partner seeking to undo a finding that his age-related expulsion from the partnership did not run afoul of the Equal Opportunity Act.
The High Court has declined coffee maker Cantarella’s special leave application arguing the Full Court should have found it was an honest concurrent user of the ‘Oro’ trade mark, which was first used by another coffee maker.
The High Court has granted special leave applications by labor politicians Ian Macdonald and Eddie Obeid, and his son Moses Obeid, seeking to toss their convictions for conspiracy to rig a mining exploration tender.
An appeals court has dismissed a law firm’s challenge to a ruling that cut $1.14 million of its fees from a settled class action against retirement home operator Aveo, noting the “inordinate delay” in preparing key evidence. The class action, launched in September 2017 on behalf of residents at Aveo’s retirement villages, settled for $11…
The High Court has agreed to hear the ATO’s bid to reverse landmark ruling that found an unpaid present entitlement to a corporate beneficiary is not a loan under tax law, a decision that affects $50 billion in trust distributions. The Tax Office won special leave from the High Court on Thursday, as it seeks…