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Appeal filed in failed class action against ex-CBA unit Count Financial
Class Actions 2025-06-30 11:40 pm By Cat Fredenburgh

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.

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Split hearings involving credit ‘untenable’ if High Court backs recusal, judge says
Appeals 2025-06-27 11:25 pm By Cindy Cameronne

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.

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Zip wants High Court to resolve honest use split in trade mark rulings
Intellectual Property 2025-06-24 11:25 pm By Sam Matthews

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.

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High Court asked to hear Ben Roberts-Smith case against Nine
Defamation 2025-06-17 11:11 pm By Christine Caulfield

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.

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BHP class action loses bid to have High Court weigh in on group member definition
High Court 2025-06-16 11:45 pm By Cat Fredenburgh

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.

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High Court won’t rule on ex-HWL Ebsworth partner’s expulsion
Business of Law 2025-06-16 11:02 pm By Cat Fredenburgh

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.

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Cantarella loses bid to have honest concurrent user ‘conundrum’ resolved by High Court
Intellectual Property 2025-06-16 11:18 pm By Cat Fredenburgh

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.

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High Court to review Macdonald, Obeids convictions
Appeals 2025-06-12 11:50 pm By Cat Fredenburgh

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.

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Law firm loses challenge to $1.1M fee cut in Aveo class action
Appeals 2025-06-12 11:38 pm By Cindy Cameronne

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…

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ATO gets shot at undoing landmark tax ruling with High Court grant
Tax 2025-06-12 11:12 pm By Cat Fredenburgh

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…

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