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High Court revokes special leave in Facebook’s challenge to data breach case
Appeals 2023-03-07 11:33 pm By Christine Caulfield

The High Court has revoked special leave to Facebook to challenge a case by the privacy commissioner, finding that the social media giant’s grounds of appeal no longer involved issues of public importance.

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Full Court orders rehearing in Erin Molan defamation case
Appeals 2023-03-06 6:30 pm By Sam Matthews Melbourne

The Full Federal Court has set aside a $150,000 defamation judgment for sports presenter Erin Molan and remitted the matter for a new trial, after finding a judge failed to properly consider publisher the Daily Mail’s defence of contextual truth.

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7-Eleven class action funder to appeal denial of CFO
7-Eleven 2023-03-06 4:52 pm By Sam Matthews Melbourne

A judge has approved a $12 million payment to the funder of two franchisee class actions against 7-Eleven, even as the funder plans to appeal a decision rejecting its bid for a common fund order for a $24.5 million commission.

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‘It should not happen’: AAT panned for verbatim copying of winning side’s arguments
Appeals 2023-03-02 11:36 pm By Christine Caulfield

A decision by the Administrative Appeals Tribunal that reproduced almost entirely verbatim and without attribution the submissions of the prevailing party as its own reasons damages the public’s trust in the AAT and must be overturned, a court has ruled.

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Daily Mail says Erin Molan’s ‘egregious conduct’ warrants reversal of $150,000 damages award
Appeals 2023-03-02 11:20 pm By Sam Matthews Melbourne

The Daily Mail has argued that Nine sports presenter Erin Molan should be stripped of a $150,000 defamation damages award because of her history of “seriously egregious conduct” on 2GB’s Continuous Call Team radio show.

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Advanta beats back appeal in contaminated seeds class action
Agriculture 2023-02-28 9:55 pm By Sam Matthews Sydney

Advanta Seeds has won an appeal upholding the dismissal of a class action by sorghum farmers over allegedly contaminated seeds, with a court finding that the seed producer’s duty of care was negated by clear disclaimers.

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ACCC loses appeal in ‘fanciful’ NSW Ports competition case
ACCC 2023-02-23 1:23 pm By Cindy Cameronne Sydney

The Australian Competition and Consumer Commission has lost its challenge to a decision that tossed its case alleging NSW Ports stymied competition when it signed a 50-year agreement with the state to privatise two ports. 

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Full Court urged to toss ASIC’s ‘fatal’ appeal in CBA conflicted remuneration case
Anna Wilson 2023-02-22 5:46 pm By Cindy Cameronne Sydney

The Commonwealth Bank of Australia has urged the Full Court to toss ASIC’s challenge to a decision dismissing its conflicted remuneration case over the bank’s sale of its Essential Super product, saying the appeal suffered from “fatal” flaws.

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Sparke Helmore wins reversal of $285,000 negligence judgment
Appeals 2023-02-22 4:30 pm By Sam Matthews Melbourne

An appeals court has thrown out a $285,000 negligence judgment against Sparke Helmore over two sales contracts worth $1.5 million and rejected a NSW developer’s attempts to squeeze the law firm for a heftier damages bill.

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Sunwater asks High Court to hear floods class action coverage spat
Appeals 2023-02-21 11:20 pm By Christine Caulfield

Dam services provider Sunwater has asked the High Court to take its side in a dispute over insurance coverage for a $440 million class action settlement with victims of the 2010-2011 floods in Queensland.

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