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NAB class action over MySuper put on ice as invalidity ruling challenged
Financial Services 2021-04-22 10:35 pm By Christine Caulfield

A Federal Court class action against two NAB units over $6.3 billion in super funds is on hold after lawyers for the applicant filed an appeal of a ruling that found their state court proceeding had been invalidly commenced.

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Appeal dropped by disqualified exec who argued forwarded ASIC email not proper service
ASIC 2021-04-20 4:43 pm By Cat Fredenburgh

A Perth director of six companies that were wound up owing $100 million to creditors has dropped a challenge to his disqualification by ASIC, after unsuccessfully arguing before the Full Court that an email from the corporate regulator forwarded by his lawyer did not constitute proper service.

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High Court to hear ATO test case over trust income disclaimers
Tax 2021-04-20 3:16 pm By Miklos Bolza

The High Court has granted special leave in a test case by the Australian Taxation Office concerning the effectiveness of disclaimers by trust beneficiaries giving up entitlements to trust income and any associated tax obligations.

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Full Court to hear Epic’s challenge to Apple dispute being heard in the US
Appeals 2021-04-16 11:58 pm By Cat Fredenburgh

Fortnite game maker Epic Games has appealed a judge’s decision to send its misuse of market power case against Apple to California, in a significant case with implications for whether Australian companies can litigate disputes with tech giants on their home turf.

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High Court won’t hear Queensland taxi drivers’ ‘fanciful’ case over Uber losses
High Court 2021-04-15 10:52 pm By Cat Fredenburgh

The High Court has denied special leave to a group of Queensland taxi drivers seeking compensation from the state for losses allegedly caused by ride sharing services like Uber, in a lawsuit a judge described as “fanciful”.

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Sydney Opera House says China trade group copied trade mark in bad faith
Intellectual Property 2021-04-14 1:00 pm By Miklos Bolza

A trade mark application by a China Australia trade association contains an “identical copy” of the Sydney Opera House’s sail design, the trust behind the iconic landmark has claimed as it seeks revocation of the mark on the grounds of bad faith.

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Legal spat over Virgin’s leased airplane engines heads to High Court
High Court 2021-04-13 11:59 am By Miklos Bolza

The High Court has granted special leave to hear a first-of-its-kind dispute over a number of airplane engines leased by the beleaguered Virgin Airlines, which may result in the airlineā€™s administrators using company funds to cover the costs of shipping the engines back to Florida.

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Volkswagen loses appeal of landmark $125M fine in ‘turning point’ for ACCC
Competition & Consumer Protection 2021-04-09 8:55 pm By Cindy Cameronne

Volkswagen has lost its challenge to a landmark $125 million Dieselgate penalty handed down by a judge who lambasted a $75 million fine proposed by the ACCC as “manifestly inadequate”, in what ACCC chair Rod Sims told Lawyerly was a ā€œturning pointā€ for the regulator to push for higher fines.

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Johnson & Johnson asks High Court to review landmark pelvic mesh ruling
Product Liability 2021-04-09 2:29 pm By Cat Fredenburgh

A Johnson & Johnson unit wants the High Court to review the Full Federal Court’s rejection of its challenge to a landmark class action ruling that found the company’s pelvic mesh implants were defective and that it failed to adequately warn about their risks.

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Findex’s High Court challenge in case against former financial advisor falls flat
Accounting 2021-04-08 4:02 pm By Christine Caulfield

Accounting firm Findex Australia has lost a bid for the High Court to hear its case over a restraint provision against a former financial advisor found to have been unenforcable.

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