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Arbitration clause sending shipping dispute to UK not void, High Court finds
Arbitration 2024-02-14 11:37 pm By Cat Fredenburgh

Adani subsidiary Carmichael Rail has lost its High Court challenge seeking to have a dispute over damaged steel rails heard in Australian Federal Court rather than by an arbitrator in London.

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SARB scores partial win on appeal in Melbourne city parking patent case
Intellectual Property 2024-02-13 11:49 pm By Christine Caulfield

Technology company SARB has partially succeeded in a challenge to a ruling that it infringed a rival’s intellectual property in its development of a parking system used by the City of Melbourne, with an appeals court finding a judge made an error in his reading of the claims of one patent at issue.

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Net emissions from Mount Pleasant mega coal mine project not the point, appeals court told
Energy & Natural Resources 2024-02-12 11:59 pm By Cindy Cameronne

Federal environment minister Tanya Plibersek wrongly focused on the net effect of approving an application by MACH Energy and Whitehaven Coal to extend two mega coal mines in New South Wales, an advocacy group has told an appeals court.

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Ex-Linchpin director hit hardest in ASIC case files appeal
Appeals 2024-02-12 4:01 pm By Cat Fredenburgh

The former director of collapsed investment advisor Linchpin Capital hit hardest by a judgment disqualifying him and three other directors and levying a combined $390,000 in penalties has filed an appeal.

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Airbags class action against Volkswagen suffers High Court loss
Appeals 2024-02-08 10:28 pm By Cat Fredenburgh

The High Court has refused special leave in a failed class action against Volkswagen over allegedly defective Takata airbags.

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Worley shareholder class action takes another trip to appeals court
Class Actions 2024-02-07 11:09 pm By Christine Caulfield

It’s a case of déjà vu in a class action against engineering services company Worley, with shareholders heading back to the appeals court after losing a second trial in their drawn out fight over disclosure breaches.

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Clive Palmer loses second bid to shut down criminal cases
White Collar 2024-02-06 11:05 pm By Cindy Cameronne

Mining magnate Clive Palmer has lost an appeal seeking to throw out two criminal cases over a takeover bid and payments to his political party, with an appeals court finding the challenge was an abuse of process.

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No evidence Ben Roberts-Smith given full benefit of presumption of innocence, appeals court told
Defamation 2024-02-05 11:34 pm By Sam Matthews

The judge who found that disgraced soldier Ben Roberts-Smith committed war crimes in Afghanistan did not show “full consideration of the presumption of innocence” in his defamation case, an appeals court has heard. 

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Mercedes-Benz dealers appeal loss in $650M suit over model switch
Appeals 2024-02-01 9:03 pm By Cat Fredenburgh

Mercedes-Benz dealers have appealed a judgment that found their $650 million lawsuit against the luxury car maker over its decision to move to a fixed-price agency model tried to “rewrite the contractual bargain” they had agreed to in order to better suit their commercial interests.

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Picking class action winner on strength of law firm’s experience entrenches dominance, appeal says
Class Actions 2024-01-31 11:24 pm By Christine Caulfield

A law firm that lost a contest to run a class action against Toyota unit Hino has appealed a decision to give the case to a larger rival based on past experience, saying the ruling would act as a deterrent to smaller firms wanting to enter the market for group proceedings.

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