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CBA class action judge used ‘far too onerous’ test, appeals court told
Class Actions 2024-11-18 11:38 pm By Cindy Cameronne

Two failed class actions against CBA claim a judge used a “far too onerous test” for materiality in deciding whether the bank should have told the market about deficiencies in its anti-money laundering systems. 

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Class actions against Ford, Toyota score major win in High Court
Class Actions 2024-11-06 3:06 pm By Cindy Cameronne

The High Court has upheld appeals in class actions against Ford and Toyota over the calculation of damages for reduction in value of defective vehicles.

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High Court shoots down SkyCity Adelaide’s tax appeal
High Court 2024-10-16 11:45 pm By Andy Sidler

In a loss for Sky City Adelaide, the High Court has affirmed that electronic gaming credits should be taxed as revenue. putting it on the hook for an additional casino duty of $13.1 million. 

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AG can gatekeep insurance providers for NSW lawyers, appeals court finds
Business of Law 2024-08-21 11:26 pm By Andy Sidler

The NSW appeals court has clarified the operation of the Uniform Law in the state, finding that insurers offering professional indemnity insurance to legal practitioners must be approved by the state’s Attorney General.

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Class action attacks ‘false’ logic of AG’s claim GCO a neutral factor in KPMG transfer bid
Class Actions 2024-07-30 11:17 pm By Sam Matthews

In submissions to the High Court, the applicant in a class action brought on behalf of Arrium shareholders against KMPG has attacked the Attorney-General’s argument that a contingency fee order is a neutral factor in assessing the accounting firm’s bid to move the case from Victoria. 

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Contingency fee order in Arrium class action would remain in force in NSW, AG tells High Court
Class Actions 2024-06-20 11:55 pm By Sam Matthews

The NSW Supreme Court would have the power to deal with a contingency fee order made in a class action against KPMG if the accounting firm won its application to move the case from Victoria, making the existence of the order a neutral factor in the transfer bid, the federal Attorney-General has told the High Court.  

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High Court clarifies ‘dominant use’ in land tax exemption for animal farms
Appeals 2024-06-05 11:02 pm By Sam Matthews

Unanimously dismissing an appeal by thoroughbred breeding and horseracing giant Godolphin, the High Court has ruled on the proper construction of a tax exemption for rural land in NSW.

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Vic Supreme Court can’t prefer own state’s policy in class action transfer bid, High Court told
Class Actions 2024-05-21 11:08 pm By Sam Matthews

Supporting KPMG’s bid to move a class action over the collapse of Arrium from Melboure to Sydney, former directors of the failed steel company have told the High Court the Victoria Supreme Court was impermissibly preferring the policy of its state in finding a contingency fee order made in the case could be factored into a transfer application.

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No Crown immunity for damage to sacred sites in NT, High Court says
High Court 2024-05-08 11:02 pm By Christine Caulfield

The Commonwealth can be held criminally responsible for damage to First Nations sacred sites in the Northern Territory, the High Court has unanimously found in a case over construction damage to Gunlom Falls in Kakadu National Park.

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High Court clarifies law on reliance damages in contract spats
Contracts 2024-05-08 3:54 pm By Cindy Cameronne

The High Court has held that a contractor had a “prima facie entitlement” to recoup the costs of building an aircraft hangar in Cessnock, NSW, which it spent in reliance on the local government performing its obligations under their contract, in a case that clarifies how courts should assess reliance damages claims. 

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