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Developer says Full Court ‘plainly wrong’ in tossing ACCC’s case against NSW Ports
Competition & Consumer Protection 2023-06-22 11:02 pm By Cindy Cameronne

A New South Wales developer will mount a challenge to a Full Court decision that tossed the ACCC’s competition case against NSW Ports over an agreement to privatise two ports, arguing the majority ruling was “plainly wrong”.

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High Court won’t hear broker’s case over 2014 ban for second time
Financial Services 2023-06-15 5:53 pm By Christine Caulfield

The High Court has rejected an appeal by a mortgage broker in a saga stretching back a decade, when the corporate regulator imposed a lifelong ban against the broker for failing to disclose a conviction on his credit licence application.

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Council’s GST payments not unconstitutional tax, High Court says
Tax 2023-06-14 11:09 pm By Christine Caulfield

Notional GST payments by local councils under an intergovernmental agreement with the Commonwealth are a voluntary act, not an impermissible tax in breach of the Constitution, the High Court has ruled.

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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 won’t hear Clive Palmer appeal in $26.6M dispute over unpaid gas bill
Energy & Natural Resources 2023-05-24 2:48 pm By Sam Matthews

The High Court has declined to hear an appeal by Clive Palmer’s Queensland Nickel refinery over a decision ordering it pay $26.6 million for natural gas charges.

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High Court to weigh in on whether finger pointing allowed in arbitration
High Court 2023-05-22 1:20 pm By Sam Matthews

The High Court has agreed to weigh in on whether proportionate liability defences can be applied in the context of commercial arbitration.

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High Court challenge could clarify scope of reliance damages
Contracts 2023-05-11 5:30 pm By Sam Matthews

A city council in the Hunter Valley region is set to appeal to the High Court a decision that found it was liable to pay a flight company over $3.6 million in damages for wasted expenditure after it repudiated a contract to lease land at the local airport.

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State flags High Court appeal in hotel quarantine class action
Appeals 2023-05-09 11:10 pm By Sam Matthews

The state of Victoria has foreshadowed a High Court challenge in its fight to stay a class action over the 2020 hotel quarantine in light of criminal action, an appeal it said raised issues relating to the “increasing and regular prosecutions” of government and corporate entities over health and safety laws.

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High Court win for Qantas in outsourcing appeal would create ‘whack-a-mole’ legal right, TWU says
Appeals 2023-05-09 11:42 pm By Cat Fredenburgh

If Qantas triumphs in its High Court appeal of a ruling that found it violated the Fair Work Act when it outsourced ground crew at the peak of the COVID-19 pandemic, it would create a “whack-a-mole” legal right to terminate disadvantaged people, the Transport Workers Union has argued.

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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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