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High Court challenge could clarify scope of reliance damages
Contracts 2023-05-11 5:30 pm By Sam Matthews

A city council in the Hunter Valley region is set to appeal to the High Court a decision that found it was liable to pay a flight company over $3.6 million in damages for wasted expenditure after it repudiated a contract to lease land at the local airport.

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Lenders of collapsed Arrium lose appeal over directors’ loan drawdowns
Financial Services 2023-05-10 12:23 pm By Sam Matthews

Commonwealth Bank and other lenders of failed steel giant Arrium have lost a second attempt to put two of the company’s directors on the hook for alleged misleading representations on loan drawdown notices ahead of its $2.8 billion collapse.

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Facial recognition platform Clearview broke privacy laws by scraping images, AAT says
Privacy & Cybersecurity 2023-05-10 2:35 pm By Sam Matthews

US facial recognition company Clearview breached Australian privacy laws by trawling the web for photos of Australians for use by law enforcement agencies, the Administrative Appeals Tribunal has found.

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State flags High Court appeal in hotel quarantine class action
Appeals 2023-05-09 11:10 pm By Sam Matthews

The state of Victoria has foreshadowed a High Court challenge in its fight to stay a class action over the 2020 hotel quarantine in light of criminal action, an appeal it said raised issues relating to the “increasing and regular prosecutions” of government and corporate entities over health and safety laws.

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High Court win for Qantas in outsourcing appeal would create ‘whack-a-mole’ legal right, TWU says
Appeals 2023-05-09 11:42 pm By Cat Fredenburgh

If Qantas triumphs in its High Court appeal of a ruling that found it violated the Fair Work Act when it outsourced ground crew at the peak of the COVID-19 pandemic, it would create a “whack-a-mole” legal right to terminate disadvantaged people, the Transport Workers Union has argued.

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Barrister’s $320,000 bill set aside as appeals court takes ‘purposive approach’ to disclosure rules
Business of Law 2023-05-05 12:40 pm By Sam Matthews

An appeals court has set aside a barrister’s $320,000 bill for a case initially estimated to cost $60,000 in counsel fees, applying a “purposive approach” to the rules governing lawyers’ disclosure obligations.

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Shipping exec who felt pressured to retire wins $230,000 judgment
Employment 2023-05-04 11:22 pm By Cat Fredenburgh

A former chief accountant for MUR Shipping who claims he was pressured to retire has won an appeal in his age discrimination case, bumping his damages award up from $20,000 to around $230,000.

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Ex-BCEG directors claw back costs after shaving $12.5M off judgment
Construction 2023-05-04 2:43 pm By Sam Matthews

Two ex-directors of Chinese construction and engineering firm BCEG who were found to have defrauded the company have succeeded in clawing back a portion of their costs of a partially successful appeal which reduced the amount owing to their former employee by around $12.5 million.

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Hotel quarantine class action survives second shutdown bid by Victorian government
Class Actions 2023-05-02 10:40 am By Sam Matthews

The state of Victoria has lost its appeal bid to stay a class action brought over the 2020 hotel quarantine debacle in light of a pending criminal action against the Department of Health.

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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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