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High Court asked to weigh in on Toyota class action over defective diesel filters
Product Liability 2023-04-28 4:48 pm By Christine Caulfield

Damages for reduction in value under the Australian Consumer Law are at the centre of competing special leave applications to the High Court filed by Toyota and the lead applicant in a class action over defective diesel filters.

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Facebook ad shows use of ‘Motherland’ trade mark, High Court told
High Court 2023-04-24 10:55 pm By Cindy Cameronne

The High Court has been asked to weigh in on whether online ads targeting Australian consumers can be the basis for a trade mark registration, in a long-running intellectual property spat between the maker of Mother Energy drinks and Vittoria Coffee over their respective ‘mother’ marks.

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High Court grants special leave to Dick Smith execs
High Court 2023-04-21 11:57 pm By Cat Fredenburgh

The High Court has agreed to hear the appeals of two former Dick Smith exes following judgments that awarded a total of $55 million in damages to NAB and the receivers of the defunct electronics retailer.

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Mayfair 101 loses High Court bid to appeal $30M win for ASIC
Financial Services 2023-04-21 11:15 pm By Christine Caulfield

The High Court has rejected investment group Mayfair 101’s bid to challenge a $30 million penalty following a judge’s finding that it misled investors about the risk profile of its financial products.

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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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High Court dashes Spain’s challenge to sovereign immunity claims in $394M dispute
Arbitration 2023-04-12 1:48 pm By Cindy Cameronne

Spain has lost its High Court appeal arguing it had sovereign immunity from an Australian court’s recognition of a $394 million arbitration award against the country for changes to its energy policies. 

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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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