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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 dĂ©jĂ  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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The Agency Group loses trade mark fight with real estate rival
Intellectual Property 2024-01-24 3:03 pm By Cindy Cameronne

Sydney real estate group The Agency has lost an appeal in its trade mark case against a rival, with the Full Federal Court upholding a finding that the company would have an “unwarranted monopoly” if other businesses were barred from using the descriptive words in its name.

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PepsiCo appeals loss in case over royalty withholding tax
Tax 2024-01-22 3:50 pm By Christine Caulfield

US drink giant PepsiCo has lodged an appeal of a court win for the Australian Taxation Office over payments made by Schweppes under a distribution agreement that were found to be subject to royalty withholding tax.

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Referee who accused NRL of bullying loses unfair dismissal suit
Employment 2024-01-18 4:48 pm By Cindy Cameronne

A former National Rugby League referee has lost his unfair dismissal lawsuit alleging he suffered bullying and victimisation, with a judge finding the league did not terminate his employment but “acted passively” in letting his contract term end.

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Funder of failed IP case can’t dodge indemnity costs
Intellectual Property 2024-01-18 5:26 pm By Cindy Cameronne

A litigation funder must pay indemnity costs to CoreLogic after bankrolling a photographer’s unsuccessful copyright claim against the property data analytics company, with an appeals court finding it pursued the litigation for its own personal gain.

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