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Sydney man defamed by Fairfax hit-and-run story loses bid to up damages 
Defamation 2021-07-22 10:24 pm By Bianca Hrovat

An appeals court  has thrown out an appeal by a Sydney man who sought greater damages for being incorrectly named in media reports as the driver in a fatal hit-and-run.

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‘The gullible are not disentitled to protection’: Lawyer loses sports betting class action appeal
Class Actions 2021-07-21 7:00 pm By Cindy Cameronne

Sydney lawyer Leigh Johnson has lost her appeal in a class action launched by investors who allegedly sank $12.3 million into a fraudulent sports betting scheme run by convicted conman Peter Foster.

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QBE wins appeal in Opal Tower coverage row with Icon, but no success for Liberty
Insurance 2021-07-21 6:04 pm By Miklos Bolza

The Full Federal Court has found that Liberty Mutual Insurance, but not QBE, is required to cover Icon Construction’s losses stemming from the Opal Tower disaster, which has caused the builder $31 million in losses.

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Appeals court paves way for $915M museum despite ‘irony’ of Willow Grove removal
Construction 2021-07-21 4:37 pm By Bianca Hrovat

A resident group’s last ditch attempt to prevent the NSW government from relocating a locally significant heritage building has been dismissed by the NSW Supreme Court of Appeal, paving the way for the development of a $915 million museum in Parramatta.

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Nine wants subpoenas thrown out in Ben Roberts-Smith defamation case
Defamation 2021-07-21 3:40 pm By Cindy Cameronne

Media company Nine, which is facing defamation claims from Ben Roberts-Smith over articles accusing him of war crimes, has asked the court to set aside two subpoenas from the decorated veteran related to a woman who has accused him of domestic violence, arguing the subpoenas act as a substitute for discovery.

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ASIC appeals ruling in case against payday lenders Cigno, BHF Solutions
Financial Services 2021-07-20 9:09 pm By Cindy Cameronne

ASIC is challenging the dismissal of its enforcement action against payday lenders Cigno and BHF Solutions in a decision that found the companies did not need a licence to issue loans to hundreds of thousands of consumers.

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Government challenges ‘incoherent’ duty of care in climate change class action appeal
Appeals 2021-07-20 4:44 pm By Miklos Bolza

The Commonwealth says a landmark ruling in a class action that found it has a duty of care to protect Australian children from the effects of global warming is “incoherent” and distorts its ability to balance competing interests.

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‘A hint, a wink or a nod’: Appeals court says harassment need not be sexually explicit
Appeals 2021-07-20 4:08 pm By Bianca Hrovat

An appeals court has upheld a $100,000 sexual harassment judgment against a Sanitarium-owned company for designing, displaying and distributing a poster featuring a worker alongside the words “feel great – lubricate”.

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SPC appeals $1.2M judgment related to $40M Coca-Cola Amatil deal
Intellectual Property 2021-07-19 5:31 pm By Miklos Bolza

Melbourne-based joint venture Shepparton Partners Collective has appealed a $1.2 million judgment which found it infringed software developer QAD’s copyright by failing to pay a transfer fee to retain the licence after it acquired the iconic SPC Ardmona cannery in Victoria from Coca-Cola Amatil for $40 million.

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Ben Roberts-Smith trial to resume with evidence from four Afghan witnesses
Defamation 2021-07-19 4:07 pm By Cindy Cameronne

Four witnesses who allegedly saw Ben Roberts-Smith kick a handcuffed man off a cliff in Afghanistan will give evidence next week in the war veteran’s defamation trial, which has been disrupted by COVID-19 restrictions in NSW.

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