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Murray Darling Basin Authority fails again to limit class action liability
Appeals 2021-10-12 12:45 pm By Miklos Bolza

The Murray Darling Basin Authority canā€™t rely on defences claiming it is a “public or other authority” to limit the liability of a class action brought over alleged negligent water management, an appeals court has found.

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ā€˜Madnessā€™ if Sandoz entitled to generic Lexapro licence, High Court told
Intellectual Property 2021-10-12 7:20 pm By Cindy Cameronne

Danish drug maker Lundbeck has told the High Court it did not contract away a royalty-free licence to generic drug maker Sandoz to sell blockbuster antidepressant Lexapro, saying such a decision would be commercial ā€œmadnessā€.

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NAB faces re-trial in adverse action case by worker who committed data breach
Employment 2021-10-12 4:05 pm By Miklos Bolza

A former financial planner found to have engaged in a data breach at National Australia Bank will have her adverse action lawsuit against the bank partially reheard after an appeals court found the judge who tossed the case failed to properly consider why she was fired.

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High Court asked to weigh in on Queensland floods class action
Class Actions 2021-10-07 11:25 pm By Cat Fredenburgh

The applicants in the Queensland floods class action have asked the High Court to overturn a judgment which found dam operator Seqwater was not liable because it was functioning as a public authority when operating two dams during the 2011 floods, arguing the case raises important issues about appeals in ‘mega’ litigation.

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Ex-Dick Smith CFO to appeal $43M victory for NAB
Restructuring & Insolvency 2021-10-07 6:25 pm By Miklos Bolza

Dick Smith’s former CFO will appeal a $43 million judgment in favour of National Australia Bank over his role in the retailer’s collapse.

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Carnival keeps up fight to exclude foreign passengers from class action
Competition & Consumer Protection 2021-10-06 5:44 pm By Christine Caulfield

Carnival has launched a challenge to last month’s court finding that overseas passengers could remain group members in a class action over the 2020 Ruby Princess COVID-19 outbreak.

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Santos wins appeal in $475M dispute with Fluor over gas contracts
Energy & Natural Resources 2021-09-28 9:07 pm By Bianca Hrovat

Oil and gas producer Santos has successfully challenged the summary dismissal of its claim for recovery of more than $470 million paid to contractor Fluor Corporation in overhead costs incurred after the estimated completion date of gas hubs in the Surat Basin.

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Judge wrong to shut down MySuper class action, appeals court hears
Appeals 2021-09-27 9:01 pm By Miklos Bolza

A judge overstepped in throwing out a class action against two National Australia Bank units over alleged MySuper mismanagement because of a carveout in the Victorian Supreme Court Act which bars class actions involving trust property, an appeals court has heard.

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Latest patent ruling rejecting AI inventorship puts Federal Court in minority
Intellectual Property 2021-09-24 1:58 pm By Miklos Bolza

The Federal Court’s decision that artificial intelligence can be listed on a patent application as the inventor has become an outlier, as the UK joins the US in rejecting what has become an international battle to claim AI inventorship.

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Gina Rinehart’s daughter loses appeal bid to dodge arbitration over $4B family trust
Energy & Natural Resources 2021-09-22 2:37 pm By Miklos Bolza

The NSW Court of Appeal has refused to grant Bianca Rinehart leave to appeal a decision staying a lawsuit against her mother Gina Rinehart over ownership of a $4 billion family trust.

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