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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 Sydney

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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Dick Smith CFO stuck with $57M judgment after High Court revokes special leave
Appeals 2023-12-06 4:54 pm By Christine Caulfield Sydney

Former Dick Smith CFO Michael Potts is on the hook for paying $57 million in damages to National Australia Bank after the High Court on Wednesday revoked its grant of special leave, finding he did not raise a legal question of public importance.

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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 Sydney

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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KPMG asks High Court again to hear class action transfer fight
Class Actions 2023-11-22 11:25 pm By Christine Caulfield

Accounting firm KPMG has asked the High Court for a second time to weigh in on the relevance of a contingency fee order made in a Victoria Supreme Court class action to its bid to transfer the case to NSW.

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High Court asked to take up judicial immunity appeal
Appeals 2023-11-22 4:07 pm By Cat Fredenburgh

The state of Queensland has urged the High Court to step in after a Federal Circuit and Family Court judge was held personally liable for a man’s false imprisonment.

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BHP loses plea to High Court in case over Christmas Day work mandate
Employment 2023-11-21 11:42 pm By Christine Caulfield

The High Court has dashed a BHP unit’s bid to appeal a win for the CFMMEU in a case on behalf of coal miners rostered for shifts on Christmas Day and Boxing Day in central Queensland’s Daunia Mine in 2019.

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High Court steers clear of Spitfire creditors’ fight over R&D tax refunds
Restructuring & Insolvency 2023-11-21 11:01 pm By Christine Caulfield

The High Court has denied special leave to the Commonwealth on behalf of employees of collapsed fintech Spitfire in a battle over $2 million in research and development tax refunds.

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End of the road for Arrium lenders’ case against directors
Financial Services 2023-11-20 11:21 pm By Cat Fredenburgh

The High Court has denied a bid for special leave by the Commonwealth Bank and other lenders to challenge a ruling that found two Arrium directors did not mislead them about loan drawdown notices ahead of the steel company’s $2.8 billion collapse. 

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High Court won’t weigh in on spat between Probuild, Allianz over development bonds
Construction 2023-11-20 11:52 pm By Christine Caulfield

Probuild Constructions has failed in its special leave application to the High Court, which sought to challenge a ruling that it held $7.7 million in trust for insurer Allianz under a deed of indemnity in connection with the development of West Side Place in Spencer St, Melbourne.

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High Court grants special leave in Toyota class action
High Court 2023-11-17 10:05 pm By Cat Fredenburgh

The High Court has agreed to weigh in on how damages for reduction in value should be calculated under the Australian Consumer Law, granted competing special leave applications in a class action against Toyota over defective diesel filters.

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