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High Court overturns class action waiver finding in Ruby Princess case
Class Actions 2023-12-06 10:50 am By Cindy Cameronne

The High Court has overturned a ruling that barred foreign passengers from a class action over the ill-fated Ruby Princess cruise in 2020, finding a class action waiver in the terms and conditions of their tickets was unenforceable under Australia’s consumer laws.

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High Court says real estate agency not liable for developer’s source code theft
Intellectual Property 2023-12-06 4:10 pm By Cindy Cameronne

The High Court has found Victorian real estate agency Biggin & Scott did not authorise through “indifference” the theft of Campaigntrack’s source code by a software developer it hired to create a cloud-based real estate marketing platform.

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High Court finds Victoria’s electric car tax invalid
High Court 2023-10-18 12:54 pm By Cat Fredenburgh

The High Court has struck down a Victorian tax on electric cars, finding the state usurped powers held only by the federal government.

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‘More is more’ approach to pleadings an increasing problem, lawyers say
Analysis 2023-07-05 11:28 pm By Cindy Cameronne

A Federal Court judge who recently ordered new pleadings in a copyright case against CoreLogic is the latest judge fed up with plaintiffs pleading innumerable alternatives that waste court resources, add to the length of trials and extend the wait time for judgments.

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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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In defamation victory, High Court finds Google not a publisher
Defamation 2022-08-17 3:35 pm By Cindy Cameronne

Google has won its appeal of a judgment awarded to gangland lawyer George Defteros that found the tech giant liable for linking to an allegedly defamatory article, with the High Court finding Google was not the publisher of the story.

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High Court restores $435,000 award to sex offences prosecutor diagnosed with PTSD
Employment 2022-04-13 4:04 pm By Miklos Bolza

The High Court has reinstated a $435,000 judgment awarded to a former lawyer who suffered post-traumatic stress disorder while working for the Special Sexual Offences unit in Victoria’s Office of Public Prosecutions.

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High Court deals blow to trust beneficiaries in victory for ATO
Tax 2022-04-06 5:43 pm By Cindy Cameronne

The ATO has won a legal challenge over when it can claim tax from trust income, with the High Court finding beneficiaries cannot “retrospectively expunge” their entitlements to the proceeds of a trust despite the potential “unfairness” this creates.

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High Court awards Paralympian $6.75M for fall in campdrafting competition
High Court 2022-04-06 5:21 pm By Sam Matthews

The High Court has ordered a sports association to pay $6.75 million to a woman who suffered a serious spinal injury after falling during a campdrafting competition in Ellerston, New South Wales, overturning an appeals court decision that cleared the association of negligence.

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Virgin scores High Court win in spat with Wells Fargo over leased engines
High Court 2022-03-16 7:23 pm By Miklos Bolza

US bank Wells Fargo and Florida-based aviation leasing company Willis Lease Finance will have to pay $500,000 for the relocation of leased aircraft engines to Virgin after losing a High Court bid to have the airline foot the bill.

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