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Babcock & Brown shareholders lose bid for re-trial over judge’s ‘pernicious’ delay
High Court 2022-04-14 3:03 pm By Cindy Cameronne

The High Court has rejected a bid by shareholders of collapsed investment advisory firm Babcock & Brown for special leave to seek a re-trial of their cases alleging disclosure breaches because of the trial judge’s “excessive” three-year delay in delivering judgment.

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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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Teens won’t take climate change class action to High Court
Environment 2022-04-12 3:21 pm By Miklos Bolza

An appeals court’s finding that the federal government does not owe a duty of care to Australian kids to protect them from the effects of climate change will stand after the lead applicants declined to take the matter to the High Court.

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High Court declines Queensland floods class action appeal
Appeals 2022-04-12 12:36 pm By Cat Fredenburgh

The High Court has declined special leave to a class action to challenge a ruling that found dam operator Seqwater was not liable for the 2011 Queensland floods, after the state of Queensland and subcontractor Sunwater agreed to pay $440 million last year to settle their share of the liability in the long-running case.

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Nurofen maker Reckitt-Benckiser loses High Court appeal bid in Maxigesic feud
Competition & Consumer Protection 2022-04-07 1:54 pm By Christine Caulfield

The High Court has rejected a special leave application by consumer goods giant Reckitt-Benckiser in its long-running battle with the maker of painkiller Maxigesic.

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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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High Court won’t hear ALP members’ challenge to federal takeover of election
High Court 2022-03-31 10:49 pm By Cat Fredenburgh

The High Court has declined special leave to members of the Victorian Labor party to challenge a judge’s finding that the pre-selection of ALP candidates in Victorian electorates by federal administrators during their takeover of the state party was lawful.

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High Court judges to undergo yearly training in sexual harassment
Courts 2022-03-29 10:48 pm By Christine Caulfield

The High Court’s judges will undergo annual group training in harassment, bullying and discrimination in the workplace following the findings of an investigation of former justice Dyson Heydon, who was found to have sexually harassed six of his associates.

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High Court to weigh in on peak indebtedness rule in win for Gunns liquidators
Restructuring & Insolvency 2022-03-25 5:44 pm By Miklos Bolza

The High Court will clarify the so-called peak indebtedness rule used by liquidators recouping payments to unsecured creditors, granting a special leave application brought by the liquidators of collapsed forestry giant Gunns Group.

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