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High Court takes up Westpac fight against ASIC personal advice case
Appeals 2020-04-27 4:54 pm By Miklos Bolza

The High Court has agreed to hear a challenge by Westpac to a ruling in favour of ASIC that found the bank violated its duty to act in customers’ best interests during a superannuation rollover campaign, a case that could clarify the line between personal and general financial advice.

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Scenic Tours passengers can claim damages for disappointment, High Court rules
Class Actions 2020-04-24 11:14 pm By Christine Caulfield

Passengers on a European river cruise operated by Scenic Tours can claim damages for disappointment after they were forced to take buses for most of their luxury tour, the High Court has ruled.

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Landmark ruling nixing class closure orders likely to reach High Court
Analysis 2020-04-23 9:10 pm By Christine Caulfield

A ruling Wednesday that struck down class closure orders — a device used by judges in class actions for the past two decades — has split the courts in Australia and is expected to head to the High Court.

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Courts don’t have power to make class closure orders, appeals court says
Class Actions 2020-04-22 6:30 pm By Miklos Bolza

An appeals court has overturned a ruling ordering class closure in seven representative proceedings against car makers over defective Takata airbags, finding courts do not have the power to make class closure orders.

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High Court won’t hear appeal over ‘Diamond Joe’ Gutnick family’s $1 mining deal
Appeals 2020-04-22 2:45 pm By Cat Fredenburgh

The High Court will not hear a challenge to a ruling that found two companies previously run by Joseph “Diamond Joe” Gutnik and his family were insolvent.

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High Court may pick apart choice of Maurice Blackburn in AMP class action contest
Analysis 2020-04-21 11:00 pm By Christine Caulfield

The power of courts to choose a single winner from a contest of competing class actions is not the likely target of the High Court in taking up a challenge to last year’s beauty parade of shareholder proceedings against AMP, but the analysis behind the decision to award Maurice Blackburn the prize could face scrutiny, experts say.

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Uber Eats driver was not an employee, FWC confirms on appeal
Employment 2020-04-21 7:49 pm By Miklos Bolza

A Fair Work Commission appeals panel has upheld a ruling that an Uber Eats delivery driver allegedly let go for being 10 minutes late was not an employee and was therefore not protected by unfair dismissal laws.

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Aurora Funds loses challenge to ruling over soured Molopo Energy takeover
Corporate 2020-04-21 12:56 pm By Christine Caulfield

A court has upheld two decisions by the Australian Government Takeovers Panel that a bid by asset manager Aurora Funds Management to replace Molopo Energy’s directors was made in “unacceptable circumstances”.

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Victoria Beckham takes Sydney skincare company to court over ‘VB’ marks
Intellectual Property 2020-04-20 11:27 am By Cat Fredenburgh

Fashion designer and former Spice Girl Victoria Beckham has taken Sydney-based skincare company VB Skinlab to court, alleging it attempted to register two trade marks to trade off the reputation of her ‘VB’ marks.

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High Court takes up challenge to AMP class action beauty parade
Appeals 2020-04-17 2:15 pm By Christine Caulfield

The High Court has agreed to weigh in on a decision last year to pick Maurice Blackburn’s case as the winner of a beauty parade of shareholder class actions against AMP over the wealth manager’s controversial fees for no service.

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