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Daily Mail says Erin Molan’s ‘egregious conduct’ warrants reversal of $150,000 damages award
Defamation 2023-03-02 11:20 pm By Sam Matthews

The Daily Mail has argued that Nine sports presenter Erin Molan should be stripped of a $150,000 defamation damages award because of her history of “seriously egregious conduct” on 2GB’s Continuous Call Team radio show.

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Advanta beats back appeal in contaminated seeds class action
Appeals 2023-02-28 9:55 pm By Sam Matthews

Advanta Seeds has won an appeal upholding the dismissal of a class action by sorghum farmers over allegedly contaminated seeds, with a court finding that the seed producer’s duty of care was negated by clear disclaimers.

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ACCC loses appeal in ‘fanciful’ NSW Ports competition case
Competition & Consumer Protection 2023-02-23 1:23 pm By Cindy Cameronne

The Australian Competition and Consumer Commission has lost its challenge to a decision that tossed its case alleging NSW Ports stymied competition when it signed a 50-year agreement with the state to privatise two ports. 

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Sparke Helmore wins reversal of $285,000 negligence judgment
Appeals 2023-02-22 4:30 pm By Sam Matthews

An appeals court has thrown out a $285,000 negligence judgment against Sparke Helmore over two sales contracts worth $1.5 million and rejected a NSW developer’s attempts to squeeze the law firm for a heftier damages bill.

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Full Court urged to toss ASIC’s ‘fatal’ appeal in CBA conflicted remuneration case
Financial Services 2023-02-22 5:46 pm By Cindy Cameronne

The Commonwealth Bank of Australia has urged the Full Court to toss ASIC’s challenge to a decision dismissing its conflicted remuneration case over the bank’s sale of its Essential Super product, saying the appeal suffered from “fatal” flaws.

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Sunwater asks High Court to hear floods class action coverage spat
Class Actions 2023-02-21 11:20 pm By Christine Caulfield

Dam services provider Sunwater has asked the High Court to take its side in a dispute over insurance coverage for a $440 million class action settlement with victims of the 2010-2011 floods in Queensland.

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BCC loses appeal over $8M trade credit policy to Phoenix financier
Appeals 2023-02-21 1:00 pm By Cindy Cameronne

Insurer Bond & Credit Company has lost its appeal of a decision ordering it to indemnify an Australian non-bank lender that provided $8 million in trade finance to companies in Phoenix Group shortly before its collapse.

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Workers’ rights at mercy of employers if Qantas wins in High Court, says TWU
Employment 2023-02-21 4:27 pm By Cindy Cameronne

The Transport Workers Union has predicted wide-reaching consequences for workplace rights if Qantas succeeds in its High Court appeal of a finding that it breached the Fair Work Act when it outsourced ground crew work during the height of the COVID-19 pandemic.

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Broker loses appeal of 2014 banning order, again
Appeals 2023-02-21 3:11 pm By Cindy Cameronne

A mortgage broker has lost his challenge to a tribunal’s decision to uphold a lifelong ban by the Australian Securities and Investments Commission.

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Advanta Seeds wins more time to renew patent after law firm slip-up
Intellectual Property 2023-02-20 3:51 pm By Sam Matthews

Agricultural giant Nufarm has lost its appeal of a decision giving rival Advanta Seeds extra time to pay a renewal fee for its patent for a hybrid plant cell, after an error by its lawyers caused the renewal to fall through the cracks.

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