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WA saddled with $2M legal bill from ‘futile’ defamation fight with Clive Palmer
Article 2022-12-23 4:11 pm By Cat Fredenburgh

The state of Western Australia has been left with a $2 million legal bill for defending a defamation action  by billionaire Clive Palmer and advancing cross-claims on behalf of premier Mark McGowan, which a judge blasted as “a futile exercise”.

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EPA did not have to consider greenhouse gas emissions in coal licence renewal, court finds
Environment 2022-12-21 10:43 pm By Sam Matthews

The Victoria Supreme Court has dismissed a bid to quash the Environment Protection Authority’s decision to renew the mining licences of the state’s three remaining coal power stations, in a test case for the state’s Climate Change Act.

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Settlement reached in associates’ sexual harassment case against judge
Employment 2022-12-19 11:33 pm By Christine Caulfield

Multi-million dollar claims of sexual harassment by two associates of a former Victoria Supreme Court judge have been settled by the state out of court.

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Albanese government to abolish ‘irreversibly damaged’ AAT
Courts 2022-12-16 1:40 pm By Cindy Cameronne

The Albanese government has vowed to abolish and replace the Administrative Appeals Tribunal, saying it has been “fatally compromised” by the former government which allegedly appointed political allies who had no expertise.

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Go-to silk for high stakes commercial cases among three new Federal Court judges
Business of Law 2022-12-15 11:08 pm By Christine Caulfield

A senior barrister at the helm of important insurance test cases has been appointed to the Federal Court bench, along with two state court judges.

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High Court won’t hear appeal by payday lenders Cigno, BHF
High Court 2022-12-15 8:43 pm By Cat Fredenburgh

The High Court won’t hear an appeal by payday loan providers Cigna and BHF seeking to challenge a Full Court judgment that found they can’t dodge the obligations contained in the National Credit Code through their lending model.

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‘No duty to be decent and fair’: Allianz wins High Court appeal over cyclone damage claim
Insurance 2022-12-14 4:59 pm By Cindy Cameronne

Insurer Allianz has won its challenge to a decision forcing it to indemnify a north Queensland body corporate for cyclone damage despite non-disclosure of serious building defects, with the High Court finding insurers have no general duty to be “decent and fair”.

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High Court clarifies test for implied terms, says CoreLogic did not infringe photographer’s copyright
Intellectual Property 2022-12-14 5:56 pm By Sam Matthews

The High Court has found that property data analytics firm CoreLogic did not infringe a real estate photographer’s copyright by uploading images from realestate.com.au to its platform, overturning a decision of the Full Federal Court.

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COVID-19 hotel quarantine class action fights state’s bid for stay
Class Actions 2022-12-12 9:07 pm By Cindy Cameronne

A class action on behalf of businesses claiming harm from the 2020 hotel quarantine debacle has fought back against the state of Victoria’s bid to push the case off until a criminal action against the state’s Department of Health has been heard.

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An ‘odd’ result: High Court told reputation can’t be ignored in Botox TM case
Intellectual Property 2022-12-08 4:30 pm By Cindy Cameronne

A contradictor has argued that the High Court must consider the reputation of Botox maker Allergan’s trade marks in a cosmetic company’s challenge to a judgment finding it infringed the marks by marketing its topical creams as Botox alternatives.

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