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Carnival found negligent in class action over Ruby Princess COVID-19 outbreak
Class Actions 2023-10-25 10:37 am By Cindy Cameronne

A judge has found Carnival PLC liable for failing to prevent a COVID-19 outbreak aboard the Ruby Princess cruise ship that left 28 people dead, but only awarded the lead applicant $4,000 for out-of-pocket expenses rather than the $360,000 in damages she sought. 

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High Court to hear appeal of ACCC’s unconscionable conduct win against college
Competition & Consumer Protection 2023-09-15 4:54 pm By Cindy Cameronne

The High Court has granted defunct online educator Captain Cook College special leave to appeal a finding that it engaged in systemic unconscionable conduct by enrolling thousands of unsuitable students, who accrued $60 million in debt but never finished their courses. 

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Ralan liquidators win OK to pursue sales agent, ATO in $18M litigation
Restructuring & Insolvency 2023-07-04 5:03 pm By Sam Matthews

The liquidators of construction giant Ralan have been given the go-ahead to pursue a former sales manager and his wife as well as the ATO with claims worth over $18 million, with a judge finding the collapsed company operated “a type of Ponzi scheme”.

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Hannover Life scores partial win against tax office over GST credits
Tax 2023-06-27 5:18 pm By Gareth Baker

Hannover Life Re should be allowed tax credits for GST paid on a share of its overheads, including rent and power, a judge has found in a partial win for the reinsurer.

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Pauline Hanson’s ‘back to Pakistan’ Tweet not based on Greens leader’s race, court told
Human Rights 2023-06-01 3:20 pm By Christine Caulfield

One Nation senator Pauline Hanson has told a court her social media post calling on Greens deputy leader Dr Mehreen Faruqi to “piss off back to Pakistan” was not based on race or ethnicity.

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Spain to revive immunity claims in latest suits to enforce $166.7M arbitration awards
Arbitration 2023-05-25 3:38 pm By Cindy Cameronne

Spain has foreshadowed a fresh High Court challenge claiming it is immune from proceedings brought by a renewable energy company and a Deutsche Bank subsidiary to enforce arbitration awards totalling $166.7 million related to changes to its renewable energy policies.

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High Court asked to weigh in on Toyota class action over defective diesel filters
Product Liability 2023-04-28 4:48 pm By Christine Caulfield

Damages for reduction in value under the Australian Consumer Law are at the centre of competing special leave applications to the High Court filed by Toyota and the lead applicant in a class action over defective diesel filters.

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Toyota can’t overturn defect ruling, but wins cut to damages in diesel filter class action
Class Actions 2023-03-27 5:03 pm By Christine Caulfield

An appeals court has partially sided with Toyota in a challenge to the damages bill assessed by a judge in a class action over defective diesel filters, saying the reduction in value of affected cars should be assessed at 10 per cent, not 17.5 per cent, of the price paid by motorists.

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Drink rivals mull High Court appeals after losing ‘Mother’ of all trade mark disputes
Intellectual Property 2023-03-22 2:11 pm By Cindy Cameronne

The owners of Mother energy drinks and Vittoria Food & Beverage have both lost their challenges to each other’s ‘Motherland’ and ‘Mothersky’ trade marks and are considering taking the long-running stoush to the High Court. 

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Former ANZ unit says ASIC should ask bank for info in fees for no service case
Financial Services 2023-03-21 8:20 pm By Cindy Cameronne

A judge has rejected arguments by superannuation trustee OnePath Custodians that the corporate regulator must look to former parent company ANZ for evidence in its fees for no service case.

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