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Retrial means new trial in trade secrets case, judge says in parsing ‘ambiguous’ Full Court order
Intellectual Property 2023-10-30 11:16 pm By Sam Matthews

Construing an ā€œambiguousā€ order from the Full Federal Court, a judge has ordered a fresh trial in a trade secrets case that touched on the permissible scope of law firmsā€™ involvement in drafting expert reports.

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GCOs canā€™t travel to NSW, appeals court says in Arrium class action
Class Actions 2023-10-26 12:41 pm By Cindy Cameronne

KPMG has lost the latest round in its fight to transfer a class action over the collapse of steel giant Arrium from Victoria to NSW, with an appeals court finding that a group costs order made in the case could not travel across the border.

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Surgeons lose appeal in breast implants class action
Appeals 2023-10-26 3:25 pm By Cindy Cameronne

A group of surgeons who worked for The Cosmetic Institute have lost a second bid to declass a representative proceeding on behalf of 13,500 patients who claim they were injured by botched breast augmentation surgery.

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Climate change appeal attacks ‘drug dealers defence’ to coal mine extensions
Climate change 2023-10-26 10:52 pm By Cat Fredenburgh

An advocacy group has appealed a judgment that found it was “legally open” to federal environment minister Tanya Plibersek to approve the extension of two mega coal mines in New South Wales.

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ASIC can’t seek penalties against M101 founder James Mawhinney
Financial Services 2023-10-25 9:10 pm By Sam Matthews

A judge has blocked ASIC from running a new case seeking penalties against investment group M101 Nominees and founder James Mawhinney on remittal from the Full Court, after the regulator admitted it made errors at its initial trial.

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Judge’s immunity appeal may go straight to High Court
Courts 2023-10-25 1:27 pm By Sam Matthews

A judgeā€™s appeal of a decision that found he unlawfully imprisoned a man for contempt and was liable for over $300,000 in damages may go straight to the High Court and should be heard before a similar suit by another man jailed by the judge, a court has heard.

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High Court asked to weigh in on advocate’s immunity shield for solicitor
Appeals 2023-10-23 4:18 pm By Sam Matthews

The High Court has been asked to weigh in on the extent of advocateā€™s immunity in a dispute between a Sydney solicitor and his former clients, after an appeals court found he couldnā€™t be sued for negligence for failure to include a breach of contract claim in a building dispute.

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High Court to weigh in on reach of sovereign state immunity
High Court 2023-10-20 5:42 pm By Sam Matthews

The High Court will consider an exception to the general immunity of foreign states for the first time, as it hears an appeal of a decision which found Indonesia’s national airline could avail itself of foreign state immunity to defeat a winding up application.

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ā€˜What’s the limit to this?’ Judge questions bid for insurance docs in COVID-19 outbreak class actions
Insurance 2023-10-19 9:15 pm By Sam Matthews

A judge has questioned a challenge by two class actions against Victorian aged care providers to a ruling that rejected their bid for insurance and financial information, which the defendants argue would have far-reaching implications.

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Wealth guru Dominique Grubisa wins appeal of banning orders
Financial Services 2023-10-19 11:01 pm By Cindy Cameronne

Embattled wealth guru Dominique Grubisa has succeeding in overturning banning orders from the corporate regulator, with a tribunal finding she did not pose a threat to consumers or the financial services market.

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