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High Court snubs Sunwater in appeal over coverage for $440M floods settlement
High Court 2023-04-13 2:15 pm By Cat Fredenburgh

The High Court has rejected dam services provider Sunwater’s request that it weigh in on 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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‘Too simplistic’: Judges’ support for disclaimer challenged in class action’s High Court appeal
Appeals 2023-04-13 11:57 pm By Christine Caulfield

The farmers leading a class action against Advanta Seeds over contaminated product have brought their case to the High Court, challenging an appeals court’s holding that a disclaimer nullified the company’s duty to protect growers against economic loss.

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Mecca’s distribution agreement with lux cosmetics brand not unlawful, court finds
Contracts 2023-04-11 11:35 pm By Sam Matthews

Beauty giant Mecca has succeeded in fending off a luxury cosmetics brand’s appeal of a decision that found a term of an exclusive distribution agreement between them was not an unlawful restraint of trade.

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Lawyer loses battle for fees from murder suspect’s government payout
Appeals 2023-03-27 10:27 pm By Sam Matthews

A lawyer who represented murder suspect Henry Keogh has failed to secure payment of his professional fees out of an ex-gratia payment to Keogh from the South Australian government, after an appeals court found the contingency under his retainer never arose.

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Full Court finds ACCC misstepped by not bringing ‘major failures’ case against Mazda
Appeals 2023-03-23 3:18 pm By Cindy Cameronne

The Australian Competition and Consumer Commission and Mazda have both lost their appeals in a case over the car manufacturer’s ‘appalling’ customer service, with three judges questioning the regulator’s decisions in how it ran the case.

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Drink rivals mull High Court appeals after losing ‘Mother’ of all trade mark disputes
Intellectual Property 2023-03-22 2:11 pm By Cindy Cameronne

The owners of Mother energy drinks and Vittoria Food & Beverage have both lost their challenges to each other’s ‘Motherland’ and ‘Mothersky’ trade marks and are considering taking the long-running stoush to the High Court. 

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Richard Crookes to appeal landmark judgment on SOPA’s availability to insolvent companies
Restructuring & Insolvency 2023-03-21 10:33 pm By Sam Matthews

Construction company Richard Crookes plans to appeal a ruling which found the Security of Payment Act is available to insolvent builders to pursue debts under a deed of company arrangement, despite an amendment to the law preventing construction companies in liquidation from enforcing payment claims.

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High Court asked to revive pooling orders for businesses with common right to sue
Restructuring & Insolvency 2023-03-20 4:58 pm By Cindy Cameronne

A liquidator for two related NSW printing companies has launched a High Court challenge to overturn a judgment finding a joint right to sue another business for $330,000 could not be combined in a pooling order. 

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High Court to hear class action waiver challenge in Ruby Princess case
Class Actions 2023-03-17 4:31 pm By Christine Caulfield

The High Court has granted leave to the applicant in a class action against Carnival PLC to appeal a ruling that upheld a class action waiver in tickets bought by foreign passengers on the ill-fated Ruby Princess in 2020.

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High Court to hear Qld council’s appeal in class action by waterfront property owners
High Court 2023-03-17 11:31 pm By Cat Fredenburgh

The High Court has granted special leave to a Queensland council to challenge a ruling ordering it to repay owners of waterfront properties tens of thousands of dollars spent on an invalid canal maintenance levy.

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