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Qantas engineers lose appeal over COVID-19 stand down orders
COVID-19 2022-04-01 5:39 pm By Cindy Cameronne

Aircraft engineers for Qantas have lost a challenge to a ruling that the airline had no “genuine choice” when it stood them down in March 2020 during the COVID-19 pandemic.

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Insurer on hook for doctor’s costs in breast implant class action
Insurance 2022-03-31 1:59 pm By Sam Matthews

An appeals court has found that Avant Insurance must indemnify a plastic surgeon for his legal bills and the claims of all relevant group members in a class action over alleged botched breast augmentations.

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High Court won’t hear ALP members’ challenge to federal takeover of election
High Court 2022-03-31 10:49 pm By Cat Fredenburgh

The High Court has declined special leave to members of the Victorian Labor party to challenge a judge’s finding that the pre-selection of ALP candidates in Victorian electorates by federal administrators during their takeover of the state party was lawful.

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Airbags class action judge failed to grapple with ‘unknowable’ explosion risk, appeals court hears
Class Actions 2022-03-29 11:01 pm By Sam Matthews

The plaintiff in a class action against Volkswagen over allegedly deadly Takata airbags has told an appeals court his case was misunderstood by the trial judge, who found he failed to prove that cars fitted with the airbags were not of acceptable quality.

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Novartis challenges loss of experts in spat with Pharmacor over generic Gilenya
Intellectual Property 2022-03-28 3:25 pm By Christine Caulfield

Novartis wants to appeal a ruling in its dispute with generic drug maker Pharmacor over patents for its multiple sclerosis drug Gilenya that tossed three of its four experts out of an upcoming so-called hot tub.

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High Court to weigh in on peak indebtedness rule in win for Gunns liquidators
Restructuring & Insolvency 2022-03-25 5:44 pm By Miklos Bolza

The High Court will clarify the so-called peak indebtedness rule used by liquidators recouping payments to unsecured creditors, granting a special leave application brought by the liquidators of collapsed forestry giant Gunns Group.

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Law firm must pay former high earner ‘fruits of his victory’ pending appeal
Appeals 2022-03-24 1:43 pm By Cindy Cameronne

A Melbourne law firm has lost its bid to delay payment of a $184,000 judgment to a former junior lawyer who earned hundreds of thousands of dollars per year under a lucrative pay structure.

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High Court to hear Spain’s sovereign immunity claims in $375M arbitration dispute
High Court 2022-03-23 10:23 pm By Cat Fredenburgh

The High Court has agreed to weigh in on whether an Australian court’s recognition of a $375 million international arbitration award against the kingdom of Spain violated the sovereign immunity doctrine.

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Court appoints contradictor in class action funder’s challenge to MIS rules
Class Actions 2022-03-22 3:59 pm By Miklos Bolza

The Full Federal Court has appointed a contradictor to “take up the cudgels” against funder Litigation Capital Management, which has challenged a judgment refusing to find that a class action filed against Queensland electricity operators was not a managed investment scheme.

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Full Court deals drug companies a blow on patent term extensions
Intellectual Property 2022-03-18 10:27 pm By Miklos Bolza

The Full Court has upheld two judgments that shortened patent term extensions granted to Merck Sharpe & Dohme and Ono Pharmaceuticals, finding the extension regime cannot be construed as achieving a “commercial outcome for a patentee”.

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