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Nothing wrong with judge’s reasons, law firm just didn’t like them, court told
Employment 2023-11-16 11:21 pm By Christine Caulfield

Atanaskovic Hartnell was not hard done by in a judgment that ordered payment of entitlements to a former general manager and rejected its cross-claims against the woman, an appeals court has been told. The law firm was just unhappy with the decision.

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Atanaskovic Hartnell accuses judge of ‘complete failure’ to discharge duty
Appeals 2023-11-15 11:31 pm By Christine Caulfield

The judge who awarded more than $320,000 to a former general manager of Atanaskovic Hartnell after finding she endured a “campaign of denigration” by the law firm’s founder fundamentally failed to discharge his judicial function, an appeals court has heard.

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Ford scores partial win in class action appeal over defective PowerShift transmissions
Class Actions 2023-11-14 1:41 pm By Cat Fredenburgh

US car giant Ford has partially succeeded in its challenge to a judgment that found it owed more than $6,800 to the lead applicant in a class action over defective PowerShift transmissions, but the High Court may ultimately decide how damages should be calculated under the Australian Consumer Law for reduction in value.

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Judge doubts power to order irrelevant docs be produced in aged care class actions
Class Actions 2023-11-13 10:57 pm By Cat Fredenburgh

A judge has upheld a ruling that rejected a bid by two class actions against Victorian aged care providers for insurance and financial information, finding the court likely does not have the power to order the production of documents that are not relevant to the proceeding.

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Class action firm may seek compensation for unlawful immigration detention
Human Rights 2023-11-10 9:05 pm By Cat Fredenburgh

A leading class action firm may seek compensation for those who were illegally detained after the High Court ruled that Australia’s system of holding individuals indefinitely in immigration detention is unlawful.

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Viterra’s decade-long fight with Cargill ends at door of High Court
Competition & Consumer Protection 2023-11-09 11:55 pm By Christine Caulfield

Glencore-owned Viterra has failed in its bid for High Court leave to challenge a ruling in a 10-year battle with Cargill over the 2013 sale of malt producer Joe White, leaving the grain producer to fork over damages of almost $300 million.

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High Court won’t hear law firm partner’s fight with ATO over exit payments
Business of Law 2023-11-09 11:33 pm By Cat Fredenburgh

The High Court has declined to weigh in on a dispute between a retired law firm partner and the ATO over tax on $182,000 in goodwill payments the lawyer received upon exiting the firm’s partnership.

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India appeals judgment on $111.3M arbitral award
Appeals 2023-11-09 10:54 pm By Cat Fredenburgh

The Indian government has lodged an appeal after a judge found it can’t avoid a $111.3 million arbitral award in a dispute with three Mauritian companies that invested in Indian satellites.

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Permanent stay of case should be ‘measure of last resort’, High Court says
High Court 2023-11-01 3:51 pm By Cindy Cameronne

The High Court has refused to throw out a personal injury case over 55-year-old child sexual abuse claims, despite the death of the alleged perpetrator and most relevant witnesses, saying a permanent stay is a “measure of last resort”. 

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Teachers entitled to pay rises despite resignations: Full Court
Employment 2023-11-01 4:04 pm By Sam Matthews

Two Catholic school teachers are entitled to pay rises included in new enterprise agreements, despite resigning before they took effect, an appeals court has found.

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