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Fortescue launches High Court appeal to native title ruling
Appeals 2019-11-18 10:39 am By Cat Fredenburgh

Mining giant Fortescue Metals is seeking special leave from the High Court to appeal a ruling that granted native title to the Yinjibarndi people over a large section of land in the Pilbara region of Western Australia.

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Full Federal Court rejects US exception to privilege against self incrimination
Appeals 2019-11-05 3:33 pm By Cat Fredenburgh

The sole director and shareholder of OE Solutions can challenge a ruling ordering him to hand over seized documents to Australian automotive electronics developer Directed Electronics OE, with the Full Federal Court declining to adopt US precedent that carves out an exception to the privilege against self-incrimination for corporate custodians.

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Nationwide drops judicial bias claim in Geoffrey Rush defamation appeal
Defamation 2019-11-04 11:09 pm By Cat Fredenburgh

Nationwide News is backpedaling from claims that a $2.9 million defamation judgment won by actor Geoffrey Rush should be overturned because of apprehended bias on the part of the trial judge.

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ACCC wants stay of Garuda appeal as airline refuses to pay $19M fine
Appeals 2019-10-29 8:59 pm By Miklos Bolza

The Australian Competition and Consumer Commission is seeking a stay of an appeal by PT Garuda Indonesia while the airline’s $19 million fine May for engaging in cartel conduct remains unpaid.

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Funder to appeal landmark ruling on security in Fair Work class actions
Employment 2019-10-28 4:51 pm By Miklos Bolza

A litigation funder is planning to challenge a landmark Federal Court ruling that found for the first time that funders can be ordered to pay security for costs in Fair Work class actions.

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ASIC wins appeal in Westpac ‘personal advice’ case
Appeals 2019-10-28 2:06 pm By Cat Fredenburgh

The Full Federal Court has handed the Australian Securities and Investments Commission a win in a high-stakes appeal over what constitutes personal advice under financial services laws, finding Westpac violated its duty to act in its customers best interests through a superannuation rollover campaign.

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Western Union manager could not have known no-show employee had mental illness, Full Court says
Employment 2019-10-24 5:21 pm By Miklos Bolza

International money transfer giant Western Union has successfully appealed a $160,000 judgment in an employment discrimination case, with the Full Federal Court finding the firm’s HR manager could not have known the employee, who was absent from work for seven months prior to the dismissal, actually suffered from a mental disability.

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High Court to hear Securency appeal after $65M ‘shabby fraud’ award slashed
Article 2019-10-23 4:43 pm By Miklos Bolza

The High Court has granted a Nigerian agent tricked into terminating his contract with international bank note manufacturer CCL Secure special leave to appeal a Full Federal Court judgment slashing a $65 million award in his favour.

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IOOF unit wins stay of $76M judgment as it mulls appeal of case against Sparke Helmore
Restructuring & Insolvency 2019-10-22 11:00 pm By Cat Fredenburgh

A judge has briefly stayed his $76.6 million judgment against IOOF subsidiary Australian Executor Trustees over the sale of a timber plantation by the collapsed Gunns Group as AET weighs an appeal of the ruling, which dismissed its cross-claim against law firm Sparke Helmore.

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Firefighters agreement doesn’t discriminate against women, FWC says
Employment 2019-10-22 9:15 pm By Miklos Bolza

The Federal Government has lost a challenge raising discrimination concerns around a Fair Work Commission-approved enterprise agreement covering metropolitan firefighters in Victoria, with an FWC review panel finding its appeal lacked merit.

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