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Teens won’t take climate change class action to High Court
Environment 2022-04-12 3:21 pm By Miklos Bolza

An appeals court’s finding that the federal government does not owe a duty of care to Australian kids to protect them from the effects of climate change will stand after the lead applicants declined to take the matter to the High Court.

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High Court declines Queensland floods class action appeal
Appeals 2022-04-12 12:36 pm By Cat Fredenburgh

The High Court has declined special leave to a class action to challenge a ruling that found dam operator Seqwater was not liable for the 2011 Queensland floods, after the state of Queensland and subcontractor Sunwater agreed to pay $440 million last year to settle their share of the liability in the long-running case.

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Maurice Blackburn prevails in State Street appeal over Fearless Girl
Appeals 2022-04-11 4:11 pm By Miklos Bolza

Maurice Blackburn has successfully defeated an appeal of a judgment that found the law firm did not breach the intellectual property rights of US financial services giant State Street Global Advisors by displaying a replica of the world renowned Fearless Girl statue in Melbourne.

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TerraCom continues fight to keep PwC report from ASIC investigators
Appeals 2022-04-08 5:06 pm By Miklos Bolza

Coal mining firm TerraCom has taken its bid to shield a PricewaterhouseCoopers report from ASIC to the Full Court, appealing a judgment which found the regulator could view the report because of public statements made by the company.

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Nurofen maker Reckitt-Benckiser loses High Court appeal bid in Maxigesic feud
Competition & Consumer Protection 2022-04-07 1:54 pm By Christine Caulfield

The High Court has rejected a special leave application by consumer goods giant Reckitt-Benckiser in its long-running battle with the maker of painkiller Maxigesic.

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Novartis can’t appeal loss of experts in MS drug patent feud with Pharmacor
Intellectual Property 2022-04-07 12:29 pm By Christine Caulfield

The Full Federal Court won’t give Swiss pharmaceuticals giant Novartis the chance to appeal a ruling that threw out three of its four experts in a patent case against generic drug maker Pharmacor.

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High Court deals blow to trust beneficiaries in victory for ATO
Tax 2022-04-06 5:43 pm By Cindy Cameronne

The ATO has won a legal challenge over when it can claim tax from trust income, with the High Court finding beneficiaries cannot “retrospectively expunge” their entitlements to the proceeds of a trust despite the potential “unfairness” this creates.

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High Court awards Paralympian $6.75M for fall in campdrafting competition
High Court 2022-04-06 5:21 pm By Sam Matthews

The High Court has ordered a sports association to pay $6.75 million to a woman who suffered a serious spinal injury after falling during a campdrafting competition in Ellerston, New South Wales, overturning an appeals court decision that cleared the association of negligence.

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Snap Fitness franchisee appeals denial of coverage for pandemic-related loss
Allens 2022-04-06 5:29 pm By Sam Matthews

Snap Fitness franchisee Dural 24/7 has appealed a ruling that found insurer Lloyd’s could rely on a conformity clause in its insurance contract to deny coverage to the NSW gym for losses related to the coronavirus pandemic.

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Qantas engineers lose appeal over COVID-19 stand down orders
COVID-19 2022-04-01 5:39 pm By Cindy Cameronne

Aircraft engineers for Qantas have lost a challenge to a ruling that the airline had no “genuine choice” when it stood them down in March 2020 during the COVID-19 pandemic.

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