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Lawyer takes Banksia class action ruling to appeals court
Appeals 2021-11-08 10:28 am By Christine Caulfield

The Banksia Securities class action saga will return to the appeals court, with a lawyer indicating he plans to challenge last month’s ruling that found he knowingly assisted in a plot to defraud tens of thousands of investors in the collapsed lender.

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Top judge did ‘unexplained violence’ to Star’s business interruption policy, Full Court told
Insurance 2021-11-08 9:42 pm By Miklos Bolza

In rejecting a bid by The Star Entertainment Group to recoup losses stemming from the COVID-19 pandemic, the Federal Court’s Chief Justice did “real and unexplained violence” to the construction of a business interruption policy the casino giant had taken out with Chubb, the Full Court has heard.

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High Court won’t hear J&J’s appeal in pelvic mesh class action
Class Actions 2021-11-05 3:11 pm By Cat Fredenburgh

Johnson & Johnson unit Ethicon will now be on the hook for damages to 11,000 women implanted with defective pelvic mesh devices, after the High Court declined to hear its appeal of a ruling that found it failed to adequately warn about the devices’ risks.

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Ono Pharmaceutical faces grilling by Full Court in patent extension appeal
Intellectual Property 2021-11-04 9:20 pm By Miklos Bolza

Drug company Ono Pharmaceutical has faced tough questioning by an appeals court in a fight with IP Australia over a decision that secured it a patent extension for its cancer immunotherapy drug Opdivo.

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High Court upholds challenge to backpacker tax
Employment 2021-11-03 4:36 pm By Cat Fredenburgh

The High Court has found a 15 per cent ‘backpacker tax’ imposed on holders of Australian working holiday visas violates a double taxation agreement between Australia and the UK.

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Investors lose joint appeal bid to boost slice of Halifax liquidation assets
Restructuring & Insolvency 2021-10-27 3:13 pm By Miklos Bolza

Investors in collapsed stockbroker Halifax Investment Services have failed to overturn decisions in Australia and New Zealand relating to the date of realisation of their investments which have decreased the amount they can recover in the company’s liquidation.

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Developer wins GST class action appeal despite misleading investors
Real Estate 2021-10-25 5:53 pm By Miklos Bolza

A Canberra property developer that misled investors about GST on its apartments does not have to pay compensation to the lead applicant in a class action against it, an appeal court has found.

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Companies can’t block ATO’s grilling of disgraced accountant Vanda Gould
Tax 2021-10-19 2:01 pm By Miklos Bolza

Three companies operated by convicted accountant Vanda Gould have failed again to block further cross examination of Gould by the Commissioner of Taxation in a number of tax appeals in the Federal Court.

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Judges should have no say in coal mine approvals, Morrison government says in class action appeal
Climate change 2021-10-18 9:07 pm By Miklos Bolza

Approving coal mine projects is not the business of courts, the Morrison government has argued in its challenge to a landmark class action judgment that found it had a duty of care to protect Australian children from the effects of climate change.

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Christian Porter targets former Solicitor-General’s briefs in Jo Dyer appeal
Defamation 2021-10-15 2:45 pm By Miklos Bolza

Former Attorney-General Christian Porter wants to rely on new evidence relating to former Solicitor-General Justin Gleeson SC as he appeals the removal of his high profile silk from a now settled defamation case against the ABC over its coverage of historical rape allegations.

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