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High Court won’t hear appeal by payday lenders Cigno, BHF
High Court 2022-12-15 8:43 pm By Cat Fredenburgh

The High Court won’t hear an appeal by payday loan providers Cigna and BHF seeking to challenge a Full Court judgment that found they can’t dodge the obligations contained in the National Credit Code through their lending model.

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‘No duty to be decent and fair’: Allianz wins High Court appeal over cyclone damage claim
Insurance 2022-12-14 4:59 pm By Cindy Cameronne

Insurer Allianz has won its challenge to a decision forcing it to indemnify a north Queensland body corporate for cyclone damage despite non-disclosure of serious building defects, with the High Court finding insurers have no general duty to be “decent and fair”.

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High Court clarifies test for implied terms, says CoreLogic did not infringe photographer’s copyright
Intellectual Property 2022-12-14 5:56 pm By Sam Matthews

The High Court has found that property data analytics firm CoreLogic did not infringe a real estate photographer’s copyright by uploading images from realestate.com.au to its platform, overturning a decision of the Full Federal Court.

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Litigation privilege claim over Nine reporter’s emails denied in cavoodle defamation case
Trials 2022-12-14 3:41 pm By Sam Matthews

Nine has mostly lost its bid to shield documents produced under subpoena in a defamation case brought over A Current Affair’s coverage of barrister Gina Edwards’ custody battle for famed social media pooch Oscar the cavoodle.

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Barrister was scared to return to chambers after Nine’s ‘cavoodle caper’, court told
Trials 2022-12-12 9:29 pm By Sam Matthews

A Sydney barrister was embarrassed and afraid to return to chambers following Channel Nine’s allegedly defamatory coverage of her custody battle for famed social media pooch Oscar the cavoodle, a court has heard.

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An ‘odd’ result: High Court told reputation can’t be ignored in Botox TM case
Intellectual Property 2022-12-08 4:30 pm By Cindy Cameronne

A contradictor has argued that the High Court must consider the reputation of Botox maker Allergan’s trade marks in a cosmetic company’s challenge to a judgment finding it infringed the marks by marketing its topical creams as Botox alternatives.

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Battle to run Blue Sky, EY class action not over, as firm appeals order to team up with rival
Appeals 2022-12-08 10:55 pm By Christine Caulfield

A law firm wants to challenge a court order that it play nice with a competing firm in a class action for investors against Blue Sky Alternative Investments and auditor EY.

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High Court won’t hear appeal of security for costs order in Westconnex class action
High Court 2022-12-08 5:38 pm By Cindy Cameronne

The High Court has refused to hear an appeal of a decision forcing an unnamed litigation funder to provide $415,000 in security for the NSW government’s defence costs in a class action over the alleged fraudulent acquisition of land for construction of the $16 billion WestConnex tunnel.

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High Court rejects Western Power appeal in bushfire class action
High Court 2022-12-07 4:57 pm By Sam Matthews

The High Court has unanimously dismissed Western Power’s challenge to a judgment which found the state-owned electricity supplier breached its duty of care to inspect power poles on private land and was partly liable for property damage from the 2014 Perth Hills bushfire.

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NSW government has to prove $3B light rail was ‘necessary’, class action says
Trials 2022-12-07 4:38 pm By Cindy Cameronne

Closing a class action trial over Sydney’s $3 billion light rail, a lawyer for 3,500 small businesses told a judge Wednesday the NSW government had to show that building the tram network was a “reasonably necessary” addition to the city’s transport options.

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