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High Court guts peak indebtedness rule in loss for Gunns creditor
Appeals 2023-02-08 4:23 pm By Cindy Cameronne

Liquidators for collapsed forestry giant Gunns Plantations have lost a High Court appeal over $1.2 million in payments to a former supplier that confirmed the so-called peak indebtedness rule does not apply in Australian insolvency law.

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Winners and losers in 2022’s headline-grabbing defamation cases
Anne Horvath 2023-01-27 10:19 pm By Cindy Cameronne

From the ongoing saga of the high-profile Christian Porter action against the ABC to “backyard” litigation testing the serious harm bar, defamation cases made headlines in 2022, with winners and losers alike shelling out millions to lawyers to protect their reputations.

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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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Court approves GCO in ‘junk’ insurance class action against Allianz
Allianz 2022-12-13 1:25 pm By Sam Matthews

A judge has signed off on a group costs order in class action against Allianz over add-on car insurance that will give plaintiff law firms Johnson Winter & Slattery and Maurice Blackburn no more than 25 per cent of any resolution in the case.

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‘Banks aren’t perfect’: Judge tosses ASIC’s case against CBA over monthly account fees
ASIC 2022-11-29 4:50 pm By Sam Matthews

ASIC has lost a case accusing the Commonwealth Bank of Australia of hitting customers with $55 million in unauthorised fees, with a judge finding that nearly 1 million customers charged the fees should have known that even banks “sometimes make mistakes”.

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In blow for Acciona, court won’t declare COVID-19 a force majeure event
Bret Walker 2022-11-16 4:59 pm By Cindy Cameronne

A judge has refused to declare COVID-19 a force majeure event in a loss for Spanish infrastructure giant Acciona, which seeks to back out of a construction project for a $696 million Kwinana waste-to-energy plant.

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High Court to hear Zurich appeal over NZ apartment class action
Appeals 2022-11-11 5:16 pm By Sam Matthews

The High Court has granted special leave to Irish insurer Zurich to challenge a decision allowing a class action over an allegedly defective New Zealand apartment block to proceed in the NSW Supreme Court.

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Law firm can’t recover costs of work by own solicitors, court finds
Atanaskovic Hartnell 2022-11-10 10:37 pm By Cindy Cameronne

Following the lead of its Victorian counterpart, the NSW Supreme Court has found that law firm Atanaskovic Hartnell cannot recover costs in self-represented litigation against a former client over unpaid legal invoices.

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University of Sydney unfairly axed lecturer over swastika image, court finds
Ashurst 2022-10-28 11:47 pm By Sam Matthews

A judge has found that the University of Sydney unlawfully terminated the employment of a political economy lecturer who was fired for conduct that included showing students a slide of a Nazi swastika superimposed on the Israeli flag.

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Court sides with Deicorp in $90M suit over sale of properties in Sydney’s Castle Hill
Alastair Vincent 2022-10-14 4:37 pm By Sam Matthews

Property developer Deicorp has secured a win in a lawsuit brought by a Hong Kong real estate billionaire after Deicorp reneged on a $45 million property deal, with a judge finding the purchaser failed to properly nominate its special purpose vehicle under the contract for sale.

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